Kissimmee Assault and Battery Attorney

Assault and Battery are often viewed as two distinct offenses, although they might be considered as related crimes. The reason behind this is simply because the Florida state laws define the two crimes separately. Assault is defined as a threat of harm that makes the victim undergo the fear of imminent harm. However, assault does not involve the physical contact between the victim and the perpetrator. The prosecutor must prove that the defendant intended to carry out a violent act, caused the victim to experience fear, or intended to threaten the victim. In addition, it falls upon the prosecutor to prove that the defendant executed the threat through an intimidating act, a gesture, or even words. Generally, the victim should show that they feared imminent harm due to the defendant’s ability to carry out the threat.

What is Assault and Battery Under Florida Law?

The Florida statutes establish some specific offenses as felony assault, aggravated assault, and simple assault. The type of assault charged by the state prosecutor determines the potential punishment and severity of the offense. On the other hand, the Florida state laws will consider the act simply as battery if the defendant makes physical contact with the victim. Hence, the prosecutor is bestowed with the task of showing that the defendant intentionally struck or touched the victim in order to prove a battery case. In addition, for the battery case to be proven, the prosecutor must also show that the contact was done without the victim’s consent — or against the victim’s will. However, Florida law recognizes various types of battery.

If there was unwanted and intentional physical contact between the victim and the defendant, then the offense is considered as a simple battery. As a matter of fact, Florida state laws allow the prosecutor to charge the defendant with felony battery for a subsequent offense in case the defendant has a previous conviction for battery. Also, the prosecutor must show that the defendant used a deadly weapon or they intended to cause serious bodily harm, in order to prove aggravated battery.

Defenses to Assault and Battery Charges

There are various grounds for defense regarding assault or battery and they include:

• Defense against harm to property;
• Defense of another person;
• Self-defense;
• Consent given for physical contact;
• Lack of intent; and
• Accidents.

Florida Penalties for Assault and Battery Charges

When you’ve been charged with assault or battery charges in Kissimmee, there’s the possibility that you might be subjected to various penalties. The specific charge pursued by the Florida state prosecutor determines the consequences of an assault or battery. Each offense comes with its specific penalty or a sentence requirement set by Florida state laws and they include:

• Aggravated battery is considered as a second-degree felony and the defendant might be subjected to a fine in an amount up to $5,000, or can even result in a sentence of imprisonment that may last up to five years.
• Felony battery is considered a third-degree felony that might result in a fine in an amount up to $5,000, or the state can request a sentence of imprisonment for up to five years.
• Simple battery is considered a first-degree misdemeanor that might result in a fine that cannot exceed $1,000, or the state can request a sentence of imprisonment lasting up to one year.
• Aggravated assault is considered a third-degree felony and can result in a fine in an amount up to $5,000 or imprisonment for up to five years.
• Simple assault is considered a second-degree misdemeanor and can result in a fine that cannot exceed $5,000 or a sentence of imprisonment for up to 60 days.

If you’re facing assault or battery charges in Kissimmee, it’s important to contact a lawyer to guide you step-by-step through the legal process. In addition, when you hire an experienced Assault/Battery lawyer, you’ll be able to create a strong defense for you case that might eventually result to your freedom.

Contact Our Kissimmee Criminal Defense Law Firm

At The Umansky Law Firm, we have highly-experienced criminal attorneys who have proven defense track records in Orlando and Central Florida courtrooms. Our legal team will build a strong defense and represent you vigorously against assault and battery charges. As former state prosecutors, we possess firsthand knowledge on prosecutorial approaches to such matters, and this valuable knowledge will work in your favor during trial.

You deserve quality representation that has specific practice experience in criminal defense. The Umansky Law Firm has some of the best talent available as our Avvo Super Lawyer rating will attest. Contact us today by calling (407) 228-3838 or online to learn more about your rights under Florida law by scheduling a free case evaluation.