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Protecting Your Rights & Fighting for Your Freedom
Many situations arise where someone gets accused of threatening, touching, or striking another person. For all the different situations giving rise to people struggling with each other, there are equally corresponding varieties of situations in the law regarding assault, battery, and aggravated versions of both. If you’ve been accused of any of these things, you need an Assault and Battery lawyer who has handled a wide variety of situation in court because the number of circumstances is vast. People don’t always realize how serious a situation can be once the emotions cool off, but a momentary touching of another person can get you into big trouble. First you need to understand the nature of the law in Florida on the subject of battery and assault generally, then think about the manner that the prosecution will need to prove the elements of any of the charges, and finally be aware of any possible defenses to any of the charged acts.
Understanding Assault and Battery Charges
Assault and battery charges can have serious legal consequences, and it’s important to understand the differences between the various types of charges. Simple assault, aggravated assault, simple battery, felony battery, aggravated battery, and battery on a law enforcement officer all carry different penalties and legal implications. Not only that, sometimes the charges can actually change while you are being prosecuted based on new or changing evidence, since some aspects of these charges can be directly tied to the human body and its injury.
Landsman Law can provide you with the legal guidance and representation you need to navigate these complex charges. We will work tirelessly to protect your rights and fight for your freedom, ensuring that you are not alone in facing these charges. An experienced Assault and Battery Lawyer is necessary to get the best outcome.
What is Simple Assault?
A simple assault is a second-degree misdemeanor, and it is punishable by up to 60 days in jail. Assault is defined by Florida law as “an intentional, unlawful threat by word or act to do violence to another person, 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.” Assault is controlled by Fl. St. 784.011. The simplest example of this is threatening to punch someone while raising your fist.
What is Aggravated Assault?
Aggravated assault is an assault with a deadly weapon without intent to kill. Aggravated assault is a third-degree felony, punishable by up to up to five years in prison. Aggravated Assault is controlled by Fl. St. 784.021. The simplest example of this is pointing a firearm at someone with the intent to scare them.
What is Simple Battery?
The offense of battery occurs when a person actually and deliberately touches or strikes another person against the will of the other, or purposely causes bodily harm to another person. Simple battery is a misdemeanor of the first degree, and it is punishable by up to one year in jail. Battery and Felony Battery as a repeat offender are controlled by Fl. St. 784.03. The simplest example of this is punching someone without cause.
What is Felony Battery?
A person commits felony battery when they actually and deliberately touch or strike another person against the will of the other and causes great bodily harm, permanent disfigurement, or permanent disability. A person who commits felony battery is committing a felony of the third degree, and it is punishable by up to five years in prison. Felony Battery (by injury) is controlled by 784.041. This can occur without intending the injury or harm from the touching, for example if you strike someone with a fist, but the victim falls and cracks their skull on the pavement causing a massive headwound.
Under Florida Statute section 784.041, felony battery (known as domestic battery by strangulation) is committed when an individual knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This is a particular type of Felony Battery that is a 3rd degree felony and is also a form of domestic violence charge.
What is Aggravated Battery?
A person commits aggravated battery when, in committing battery, they purposely or knowingly cause great bodily harm, permanent disfigurement, or permanent disability, or uses a deadly weapon. A person who commits aggravated battery is committing a felony of the second degree, and it is punishable by up to 15 years in prison. It can also be an Aggravated Battery if the alleged victim is pregnant and the perpetrator knew or should have known she was pregnant. SO in this case, striking someone with a weapon like an axe, or striking someone and actually intending to cause great bodily harm would qualify.
In our state, aggravated battery is considered a second-degree felony according to Florida Statute section 784.045, and is assigned a Level 7 offense severity ranking, in accordance with the Criminal Punishment Code.
AGGRAVATED BATTERY FLORIDA SENTENCE
A conviction brings a minimum prison sentence of 21 months, and can also carry the following penalties in any combination:
It is important that you contact an aggravated battery attorney immediately if you have been charged with aggravated battery, as you will need strong and experienced defense against your accusations in a court of law.
Battery on LEO (Law Enforcement Officer)
Under Florida §784.07, we learn that battery on a law enforcement officer (LEO) is a very serious offense which can result in severe penalties. In the state of Florida, the penalties for battery intensify if the victim was a law enforcement officer of any sort.
Battery on LEO consists of:
The penalties will be extremely serious anytime a person is charged with deliberately committing an offense of assault and/or battery on:
Can Someone Be Charged With Battery but Not Assault?
A person who commits battery without assaulting another person can face charges. Even if assault and battery can be considered a single act, the two could correspond to each other. For instance, if a defendant goes behind a victim and attacks them with no witness involved, that defendant commits battery without assault.
The following are assault and battery on LEO offenses as well as their corresponding penalties:
A mandatory minimum sentence of incarceration of five years will be actualized by the court for an aggravated battery on a law enforcement officer conviction.
Florida Assault & Battery Lawyer FAQ
What are the penalties for battery on a law enforcement officer?
Battery on a law enforcement officer can lead to severe penalties, including imprisonment. It is a very serious offense that should be addressed with the help of an experienced assault and battery lawyer.
Can someone be charged with battery but not assault?
Yes, a person who commits battery without assaulting another person can face charges. Even if assault and battery can be considered a single act, the two could correspond to each other.
Matt Landsman is an experienced criminal defense lawyer and has tried a large number of cases, including those in which the defendant is facing aggravated battery charges. and is well versed in the possible defenses used in such cases, such as:
What will a Gainesville Assault and Battery Lawyer do for Their Client Being Charged a Violent Crime?
A Gainesville Assault and Battery lawyer will research, study, and assess every detail of the violent crime that their defendant is charged with, and that includes regarding charges like Battery and Assault and all their variants. In doing so, an Assault and Battery Lawyer will be able to file the necessary motions so that their client has the best chance possible of retaining their freedom. With the potential sentencing for violent crimes for aggravated battery with serious bodily injury and aggravated battery with a weapon being so severe going to trial without an assault and battery lawyer who has a lot of experience in the field will prove to be a grave mistake.
Was there a mistaken identity?
Were there false allegations?
Does the DNA and forensic evidence in the crime match that of the defendant on trial?
First, mistakes made during the criminal process could have serious consequences, from prison time to the loss of some constitutional rights, and more. A Gainesville Assault and Battery Lawyer will take care of the legal work for you, making sure that everything is done the right way the first time around. We will save you from missing key facts that could lead to a reduced penalty or dismissed charges.
Second, criminal attorneys understand how the prosecution works. Informed by our attorney’s experience as a prosecutor, our team can poke holes in the case against you. We will also work to save you from being made an example of. You deserve a strong fighting chance—we’re here to give that to you.
In short, not hiring a Gainesville Assault and Battery lawyer makes it easier for the prosecution to prove that you’re guilty—that applies even if you are innocent. Prosecutors push for the strongest penalty and punishment possible in any given case; you need someone on your side to protect your rights.
One or some of the following may apply to you, that means you want an experienced Gainesville Assault and Battery Lawyer on your side as soon as possible:
Can I Claim Self-Defense in Florida?
Under the Stand Your Ground law (also known as the “Castle Doctrine”), you have the right to self-defense. That means you can use force against another person whom you believe is threatening your safety. What’s more, you do not have to retreat to your home to do so—you have a right to stand your ground and defend yourself right then and there. The Castle Doctrine protects those who only committed an act of violence in self-defense. (Note that claiming self-defense is a valid defense strategy in court.) It follows that you cannot claim self-defense while committing a crime. Claiming self defense isn’t as simple as some would believe, and the specifics can vary greatly. See this recent blog post for examples of the issues that may arise. No one knows more about self-defense than an assault and battery lawyer, call to have your questions answered.
Get Informed from an Expert Gainesville Assault and Battery Lawyer
If you are charged with an assault or battery or any of their variants, it is important to be well informed regarding the charges against you, your legal rights, options which may be available to you, viable defense strategies, and if the case goes to trial, aggressive defense of your legal rights and freedoms. Depending upon the circumstances and evidence you may be able to get the violent crime charges dropped, reduced, negotiated, or probation instead of jail time. Call an expert lawyer experienced in weapons and Gainesville Violent Crime Defense Lawyer Matt Landsman for a free consultation today.