Tallahassee Assault & Battery Attorney
Assault and battery are commonly used together as one phrase, but they are two separate offenses that can be charged together or separately. For instance, a battery is often misunderstood as an assault, but an assault doesn’t require any physical contact at all to be charged as a crime. The crime charged can determine whether you spend a day in the Leon County jail or five years in a Florida state prison if convicted. The attorney you get can affect whether you experience any adverse consequences at all or whether you achieve a favorable outcome in the end.
Learn more below about the crimes of assault and battery, and call Luke Newman, P.A., if you have been charged with battery or assault or related criminal offenses in Florida. Our Tallahassee assault & battery attorney will fight for you and work to get you the best results available.
Florida Assault and Battery Offenses
Assault and battery offenses in Florida include assault, aggravated assault, battery, felony battery, aggravated battery, and other related offenses. Every offense is defined in Florida statutes and has specific elements that must be proven by the state beyond a reasonable doubt before you can be convicted of the charged offense. Luke Newman, P.A., will put forward all appropriate defenses and attack the prosecution’s evidence at every applicable point given the facts of the case and the offense alleged.
Florida law defines assault as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” The crime of assault does not require any physical contact. Assault is a second-degree misdemeanor, and punishments for conviction can be as much as 60 days in jail and a $500 fine.
Aggravated assault is an assault with a deadly weapon without intent to kill or an assault with an intent to commit a felony. Aggravated assault is a third-degree felony, punishable by up to five years in prison and/or $5,000 in fines.
Battery involves actually and intentionally touching or striking another person against that person’s will or intentionally causing bodily harm to another person. Battery is generally a first-degree misdemeanor, but it can be charged as a third-degree felony if the person has a prior battery conviction. “Conviction” includes entering a guilty plea or no contest plea or a withheld adjudication.
Felony battery is defined as actually and intentionally touching or striking another person against that person’s will and thereby causing great bodily harm, permanent disability, or permanent disfigurement. This statute also defines an offense of domestic battery by strangulation against a family or household member or dating partner. Both offenses are third-degree felonies.
Aggravated battery involves committing a felony battery as defined above or committing a battery with a deadly weapon. A battery against a pregnant woman is also aggravated battery if the offender knew or should have known that the victim was pregnant. Aggravated battery is a second-degree felony punishable by up to 15 years imprisonment and a fine of $10,000.
Other Related Offenses
Florida Statutes Chapter 784 defines the above assault and battery offenses as well as a number of related offenses, including stalking, dating violence, sexual violence, and repeat violence. There are also specific statutes for assault or battery on specific types of persons, including law enforcement officers, public transit workers, and persons 65 years old or older, for example. Other offenses prohibit using certain items to commit an assault or battery. As an experienced criminal defense attorney, Luke Newman looks closely at the offense charged and the facts of the case to see whether the facts support the charges or a different interpretation.
Defenses to Assault and Battery Charges
There may be several defenses available to an assault or battery charge including defesne of oneself or others, mistaken identity or some other mistake of fact or misunderstanding. Often, defenses will center around self-defense, defense of others, or defense of property. Each of these defenses has its own allowable limits. Your defense attorney will want to carefully look at all the circumstances surrounding the arrest and raise questions like the following: Which party was the aggressor in the situation? Did the other party react appropriately or overreact? What was the conflict about? Who is the alleged victim?
At Luke Newman, P.A., we take a strong approach to defending you against the charges alleged and fight to get you a favorable result. You are entitled to a strong defense from a skilled and experienced attorney who will ensure your rights are respected and vigorously defend you for the best outcome.
Get Help With an Arrest for Assault and Battery in Tallahassee
If you have been arrested for battery, assault or other criminal charges in Tallahassee, call Luke Newman, P.A., for practical advice and effective representation. Don’t take chances with your future. Call an experienced and successful Florida criminal defense attorney at Luke Newman, P.A., today.