Bar fights are not particularly uncommon, and Orlando hotspots are not immune. While arguments in nightclubs happen, the mix of alcohol and crowds can contribute to things getting out of hand. When things do become violent or someone is injured in the process, assault and battery charges can apply.
If you’ve been charged with assault and battery at an Orlando bar or nightclub, reach out for the skilled guidance of an assault attorney at The Umansky Law Firm today.
Assault is the crime of intentionally, unlawfully, and credibly threatening to harm another person. The threat can be a physical act or verbal. If you give the impression of being able to carry out the threat and it strikes fear of imminent harm in the person being threatened, it qualifies as assault. Physical contact is not a required element of assault in Florida, but imminent fear is the main requirement.
While assault can take many different forms, some of the most common examples that we often see in Orlando nightclubs include all of the following:
Assault is a second-degree misdemeanor, and a conviction carries a jail sentence of up to 60 days and fines of up to $500. If, however, the accused had a weapon on them, even if they didn’t show it at the nightclub, the charge can be enhanced.
Touching or striking another person without their permission is the crime of battery, and the charge can extend to causing the other person bodily harm. Battery breaks down into further classifications that become progressively more serious.
Simple battery covers the basic definition of battery, which is intentionally touching or striking another person without their consent or intentionally causing them harm in the process. In other words, if you accidentally brush up against someone else in a nightclub as a result of it being very crowded, the charge of battery won’t apply. If, however, you touch the other person intentionally when you know the contact is unwelcome, you could face a simple battery charge.
The battery charge is enhanced to the felony level if the physical touch results in serious bodily harm. If a fight in a nightclub escalates, it could lead to felony battery charges. The crime is generally charged as a third-degree felony, and a conviction carries up to a 5-year prison sentence and fines of up to $5,000.
Aggravated battery is more serious still. This charge relates to an aggravating circumstance, which can include causing great physical harm or permanent disfigurement or disability. Using a deadly weapon in the commission of the crime also qualifies. Aggravated battery is charged as a second-degree felony. Convictions carry up to 15 years in prison and fines of up to $10,000.
Assault and battery are distinct charges that involve the threat of violence and actual violence, and they often go together. This is especially true in certain settings, and nightclubs are among them.
The music is loud, inhibitions are low, and most of the crowd is there to let loose in one way or another. This can set the stage for minor disagreements to blossom into something far more serious. When this translates to a physical fight in which someone is injured, assault and battery charges can both be forthcoming.
If a night out on the town at an Orlando nightclub leaves you facing an assault and battery charge, there is a lot at stake, and you need the trusted legal counsel of an attorney.
A dedicated criminal defense lawyer at The Umansky Law Firm has the experience, legal insight, and drive to help guide you skillfully through the complex legal process ahead. Learn more about what we can do to help you after an assault and battery charge at an Orlando nightclub. Call us now to learn more.
The Umansky Law Firm Criminal Defense & Injury Attorneys
