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Since no physical violence needs to take place for an assault charge to be issued, assault charges are relatively easy to defend. Phone: (850) 245-5173. If you or a loved one has been arrested for or accused of. This law is also referred to as Stand Your Ground. How to Beat your Florida Assault Charge. View more contact information here: Miami Criminal Defense Lawyer. The state does not have to prove that the defendant had the intent to kill. No Intentional Touching. Any strike, hitting or attack to cause harm, against that individual's will, is considered simple battery. The elements of an assault are defined in Florida Statute ยง 784.
The battery will likely be prosecuted by a special domestic violence unit. However, there is no limitation if the offense involved sexual abuse or the death of the victim, or if the identity of an aggravated battery offender is established through DNA evidence. For example, if someone shoves you in a bar, it would not be self-defense to pull out a gun and pistol-whip that person. Penalties for Aggravated Battery or Aggravated Battery on a Pregnant Person. 3d 828, 831 (Fla. 4th DCA 2013) (citing S. D. State, 882 So. A person accused of battery may also be able to successfully claim self-defense or the defense of another or others. For example, was the elderly person correctly understanding what you were saying or was he incorrectly hearing a "threat? " It is a serious thing to have a simple battery charge changed into aggravated battery charge. Depending on what occurred during the offense, if the defendant is convicted, the penalties can be greater. Assault is a legal grey area, because an assault charge is based on words used that could have made the victim feel as though violence was imminent. Musca Law's assault and battery defense attorneys aggressively defend their clients who face assault or battery charges.
This issue frequently arises in cases where two people engage in a fight, or "mutual combat. " Using Self-Defense Against an Assault and Battery Charge. Call Hanlon Law at 813-228-7095 or use our online form to set up an appointment if you need a domestic battery lawyer or assistance in fighting other battery charges. Our clients become part of our family and we fight relentlessly for their rights. Contact Florida Defense Team, by calling 407-800-2000 or use our online case submission form to schedule a confidential legal consultation. Aggravated assault is a third-degree felony resulting in a maximum of five years in prison and up to a $5, 000 fine. You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. If the parent of the student hit insisted on pressing charges, the resource officer may have to arrest the offending student since his action meets the statutory definition of battery. Up to 5 years in prison Aggravated Assault on a Person 65 Years of Age or Older. Additionally, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum 5 years in prison.
Felony battery is a third-degree felony that can be punished with a maximum of five years' imprisonment, probation for five years, and a fine of $5, 000. 3 specify that either of the following elements must be proved beyond a reasonable doubt for a conviction of the crime of battery: - Defendant intentionally touched or struck the victim against his or her will; or. Simple or misdemeanor battery is classified as a first degree misdemeanor in Florida. Defenses to Assault and Battery Offenses. Trying to escape is the best option if you can.
Some of the most common defenses include the following: - Self-Defense; - Defense of Others; - Defense of Property; - Consent (touching not against alleged victim's will); - Mutual Combat; - Use of Force under Florida's Stand Your Ground Law; - Accidental Touching; - Touching Incidental to Other Conduct not Aimed at Making Contact; - Other Factors or Motivations Showing Lack of Intent; - Lack of Evidence or Conflicts in the Evidence. Misdemeanor Battery (Simple Battery). In order to be found guilty and convicted of a battery charge in the state of Florida, the prosecution must be able to successfully prove one of the following to be true: - You struck, hit, attacked or otherwise touched an individual against his or her own will. As with any crime of violence in Florida, the facts and circumstances surrounding the incident could escalate the charge of simple assault into aggravated assault or another violent crime. Pictures of defensive wounds (or lack of offensive wounds). The act created in the mind of the victim a well-founded fear that the violence was about to take place, and. Will I definitely get the minimum mandatory sentence for an Aggravated Assault or Aggravated Battery on a Person 65 Years of Age or Older if I'm found guilty? If you face this charge, you should contact Tampa battery defense lawyer Will Hanlon at Hanlon Law. If you were charged with battery or aggravated battery in Miami or Miami-Dade County, you should strongly consider contacting an experienced criminal defense attorney about your case. The punishment for assault and/or battery depends on the type and degree of the crime. For example, aggravated assault typically involves a deadly weapon with a person's intention to commit a felony or kill the victim. This crime is classified as a first-degree misdemeanor.
Battery is defined as when a person "intentionally touches or strikes another person, without that person's consent; or Intentionally causes bodily harm to another person. A person could be facing many years in prison and very high fines. Defenses to Misdemeanor Battery. Restitution to victim. Without knowing all the facts, the prosecutor can go to trial blindly.
Burglary, Theft or Robbery. There are limitations to the Stand Your Ground Law. 03 establishes that a person commits battery if he or she touches or strikes another person without their consent. Under Florida law, an assault is committed when a person intentionally and unlawfully threatens by either word, actions, or both, an act of violence to another person while having the immediate ability to do so. Delay can make it more difficult to prevail in your defense against a charge of battery. How long should we drag the case out for? Stroleny Law, P. A. handles a variety of criminal law cases, so call now if you have any questions. Battery is committed where a person touches or hits another person against their will. A conviction for a second-degree felony carries up to 15 years in prison. We know that kids all make mistakes, and we can proudly say that we've assisted in giving some teenagers the opportunity to turn their lives around and remain in good standing with the law after making a mistake.
You were defending someone else. Alleged Victim calls 911 for help.