Assault & Battery Lawyer Fort Lauderdale, FL
What is an Assault and Battery Crime in Florida?
Assault and battery are two separate criminal offenses that have very different meanings under Florida law. Assault is defined as an intentional threat to commit an act of violence—enough so that the person feels like they are in danger. Battery is defined as the intentional, but unlawful, touching of someone else. This could include causing physical harm or carrying out unwanted sexual advances.
Assault and Battery Charges in Florida
They are different in that the actual circumstances of an altercation can lead to one type of charge over the other. If someone threatened to hurt another person, but didn't — even though they intended to — they may still be charged with assault. Battery charges can only be waged in the event that unlawful physical contact took place. The resulting charges could also range from “simple” to "aggravated."
Consequences for Assault & Battery Crimes in Florida
In Florida, the penalties of either an assault or battery charge depends on the type of offense that was committed. If someone was hurt in the altercation, this will likely be taken into account.
- Simple assault (second-degree misdemeanor): 60 days in jail and $500 fine
- Battery (first-degree misdemeanor): 1 year in jail and $1,000 fine
- Aggravated assault (third-degree felony): 5 years in jail and $5,000 fine
- Second battery offense (third-degree felony): 5 years in jail and $5,000 fine
- Felony battery (second-degree felony): 15 years in jail and $10,000 fine
Potential Defenses Against an Assault Charge in FL
In order to secure an assault conviction, a prosecutor must prove that what occurred was intentional on the part of the defendant. It must further be established that the defendant clearly threatened the victim through words or other actions and was capable of turning these threats into actual violence. These requirements open the door to a number of defenses that can be used by the accused.
Our Fort Lauderdale assault & battery attorneys can challenge the various aspects of an assault charge, which can lead to a lessening of the penalties or even a dismissal of the case. Defense lawyers provide representation and advice throughout the process in order to obtain the best possible outcome for your potential case.
Contact Hager & Schwartz, P.A. today to discuss your case with a Fort Lauderdale assault and battery lawyer.
Aggravated Assault Definition & Penalties in Fort Lauderdale
Simple assault and battery may be charged as misdemeanors. However, aggravated circumstances can result in felony charges. Florida Statute § 784.021 states that an individual who commits assault with a deadly weapon with intent to commit a felony may be found guilty of "aggravated assault."
As the name implies, aggravated assault is a simple assault crime that includes the presence of an aggravating factor. The most common is the use of a deadly weapon in the commission of the crime, such as a gun, knife, or blunt instrument. However, aggravated assault does not include intent to kill.
Aggravated assault is a third-degree felony, which means those convicted can face up to five years in prison or five years’ probation plus a fine of up to $5,000. Because of the serious nature of this crime, even first-time offenders will very likely receive jail time as a part of their sentence if convicted.
Felony Battery Definition & Penalties in Fort Lauderdale, FL
Assault is the threat of committing violence against someone, whereas battery involves actual physical contact. However, it’s important to note that this does not include “mutual combat,” or instances where two people commit battery against each other while willingly engaging in an altercation.
According to Florida Statute § 784.041, an individual commits felony battery when he or she strikes another person and causes significant bodily harm, or uses a deadly weapon in the commission of the crime. For example, battery that leaves the victim with a serious or permanent disability.
Domestic Battery By Strangulation Florida
The crime of "domestic battery by strangulation" is a third-degree felony in the state of Florida. In order to be convicted of domestic battery by strangulation, the defendant must intentionally inhibit someone else's ability to breathe by applying pressure to their throat or neck. Additionally, the victim must be a member of the defendant’s household, a relative, or a dating partner.
Call Hager & Schwartz 24/7 for a Free Review
Violent crimes, like assault and battery, are some of the most heavily prosecuted offenses in Florida. Because of their particularly egregious and offensive nature, it is not uncommon for prosecutors to seek the harshest possible penalties for offenders who are convicted. If you were arrested for assault or battery, you should act quickly and start assembling your defense as soon as possible.
At Hager & Schwartz, P.A., our Fort Lauderdale assault & battery attorneys know how intimidating and stressful being caught up in the criminal justice system can be, especially for first-time offenders. We are powerful and experienced allies who have years of experience putting the law to work for our clients. Our goal is to help you obtain a successful outcome so you can put your charges behind you and move on with your life.
If you have been arrested for an assault or battery offense in Fort Lauderdale, FL, contact Hager & Schwartz, P.A. We’re available 24/7!
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Case Dismissed Aggravated Battery
Case Dismissed Armed Robbery
Case Dismissed Battery
Charges Were Not Filed Battery
All Charges Dismissed Bodily Injury
Case Resolved with No Jail/Prison Time Burglary Battery
Case Dismissed Burglary of Conveyance and Battery on Elderly
Case Dismissed Criminal Mischief and Disorderly Intoxication
Charges Not Filed Disorderly Conduct
Case and Injunction Dismissed Domestic Battery and Civil Petition for Restraining Order