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Felonies/Misdemeanors Assault and Battery

Simple Assault

Simple Assault is a misdemeanor under Florida law and is defined by Florida Statute 784.011 as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which create a well founded fear in such other person that such violence is imminent. You can be charged with assault for simply getting into a heated argument with someone. A disagreement can quickly escalate into the type of argument with threats involved and that can be enough for an assault charge. I will give your case the attention it deserves so that you do no not end up being stuck with a lifelong assault record.

Aggravated Assault

Aggravated Assault is a more serious crime than simple assault and if found guilty it is a felony of the third degree punishable by fines up to $5,000 and a prison sentence of up to five (5) Aggravated assault is set out in Florida Statute 784.021. The difference between simple assault and aggravated assault is that aggravated assault is with a deadly weapon without intent to kill or assault with an intent to commit a felony. If you have been arrested for aggravated assault call immediately so I may begin preparing your defense.

Simple Battery

Simple Battery is the lowest battery offense and a conviction in Florida is considered a misdemeanor of the first degree. Battery is covered under Florida Statute 784.03 which states that Battery occurs when a person actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.

Felony Battery

The sentence for a felony battery conviction can be up to five (5) years in prison and up to $5,000 in fines. The prosecutor can charge you with felony battery if it is your second or a subsequent battery charge.

Aggravated Battery

Aggravated battery carries the most severe punishment under the battery crimes. I have the knowledge and experience to prepare an effective defense the moment you are arrested. It is not worth risking your liberty by not hiring an attorney immediately upon arrest. Aggravated battery is punishable by up to fifteen (15) years in prison and fines up to $10,000. A conviction of this crime will result in prison time. Do not wait to hire an attorney and this firm can and will mount an immediate and effective defense on your behalf.

The State prosecutor must prove every element of the battery for the defendant to be convicted of the crime.

The state must prove that the:

  1. Defendant actually AND intentionally touched or struck the victim against the will of the victim OR intentionally caused bodily harm to the victim

  2. AND in committing the battery either intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim

  3. OR used a deadly weapon.

The state must prove every single element in order for the charge to hold and result in a battery conviction. I will build a defense around these elements and the state will have to show beyond a reasonable doubt that you fulfilled all of these elements.