Assault and battery are actually separate crimes in Florida that include a wide range of charges. The consequences can be very serious and it’s important to protect your rights by talking to an experienced assault and battery defense attorney. The Orlando Criminal Defense Attorneys at Rivas Law have successfully defended many cases of Assault as well as Assault with Deadly Weapon. If you are facing assault charges in Florida, Call 407-349-4211 to speak with a skilled and aggressive Orlando Assault and Battery Defense Attorney at Rivas Law.
Simple Assault You don’t have to actually hit someone to be charged with assault. Just being aggressive and “invading someone’s space” might count. Simple assault is an intentional threat to another person “coupled with the apparent ability to carry out the threat, which creates a genuine and reasonable fear that violence or harm is imminent.” Under Florida Statute 784.011 Assault is a second-degree misdemeanor, punishable by a jail term of up to 60 days and a fine of up to $500.
Aggravated Assault (Assault with a Deadly Weapon or ADW)
An assault charge gets upgraded to Aggravated Assault if you had a weapon or were committing a felony during the incident. And it doesn’t have to be a gun or a knife. Almost anything can be considered a weapon if you can use it to hurt someone. Under Florida Statute 784.021 AggravatedAssaultor AssaultwithaDeadlyWeaponis a third-degree felony and punishable by up to five years in prison, five years of probation, and a $5,000 fine.
Simple Battery or Misdemeanor Battery
Punching or hitting someone – even touching someone who doesn’t want to be touched – is considered Battery. Florida Statute 784.03 “Any actual and intentional touching or striking of another person against that person’s will (non-consensual), or the intentional causing of bodily harm to another person.” It’s a first-degree misdemeanor, with penalties of up to one year in jail or 12 months probation, and a $1,000 fine.
Aggravated Battery and Aggravated Battery of a Pregnant Person
Injuring someone can lead to AggravatedBatterycharges, which are quite serious and can end in a prison sentence. Florida Statute 784.045 states that hurting a pregnant woman, as sometimes happens in Domestic Violence cases, is a specific crime with enhanced penalties.
Using a deadly weapon during a violent assault is also considered Aggravated Battery. It’s a second-degree felony, punishable by up to 15 years in prison, plus probation, and a $10,000 fine.
Felony Battery; Domestic Battery by Strangulation
Florida Statute 784.041: Basically, choking a person with whom you have a domestic relationship. It is a third-degree felony, punishable by up to five years in prison, five years of probation, and a $5,000 fine.
AssaultorBatteryonPersons65YearsofAgeorOlder, according to Florida Statute 784.08, carries a minimum sentence of three years in prison and a $10,000 fine.
Florida Assault and Battery Charge Defenses
As with any case, a good criminal defense attorney can make pretrial motions to have certain evidence suppressed (if the police violated procedure) and make motions to dismiss the case altogether if the prosecution has a weak case. If the case goes to court, an assault and battery defense lawyer will argue other aspects of the case and may be able to present a number of defenses on your behalf, including:
- Stand Your Ground
- Defense of property
- Lack of intent
- The threat was vague or not imminent
- There was no overt act
- The allegations were false
- Factual disputes
The Orlando Criminal Defense Attorneys at Rivas Law have successfully defended many people charged with Assault, Assault with a Deadly Weapon, Aggravated Battery of a Pregnant Person and Domestic Battery by Strangulation.
If you are charged with assault and battery charges in Florida, you’ll want the best assault and battery defense lawyer you can get. Consider the skilled and aggressive Orlando Criminal Defense Attorneys at Rivas Law. Call 407-349-4211 to discuss your best defense so that you can get on with your life.