florida assault law

Florida Assault Law - If an argument or dispute gets out of hand and leads to violence or threats, one or both parties involved may be arrested for assault and battery. Because of their violent nature, convictions for assault and battery in Florida can lead to permanent criminal records, fines, and jail time. To avoid these consequences, consider hiring a criminal attorney to help.

Assault and battery are two of the most common violent crimes. But that doesn't mean the allegations are frivolous. In fact, if you are arrested or face charges for assault or battery, you need to prepare a strong defense to help you defeat or reduce the charges.

Florida Assault Law

If you have questions or would like to discuss your allegations with an experienced attorney, contact Goldman Wetzel's Violent Crime Lawyers to find out what we can do for you.

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Assault and battery are separate crimes in Florida. Batteries occur when a person intentionally touches, strikes, or inflicts bodily harm on another person. Assault Threatening a person to perform an act of violence against him. Simple forms of assault and battery are considered misdemeanors.

Assault and battery are often confused because they are related and often conflict with each other. However, in Florida, there are differences between these crimes and the penalties associated with them. Both crimes imply some violence, but

In other words, the difference between battery and battery is that battery is a threat without the use of physical force or contact whereas battery is a crime of violent physical contact such as striking. In short, battery charging is considered a more serious offense than assault.

In Florida, assault is defined as a physical or verbal threat to harm another person, and the ability to carry out that threat. This behavior must induce a basic fear of being a victim of violence by another person. A battery conviction can lead to up to 60 days in jail and a fine of up to $500.

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Section 784.011 of the Florida Statute sets out the elements of an assault. Note that this crime does not involve any form of physical contact, but rather a threat of violence that makes the victim fear for their safety.

In Florida, assault is considered a second-degree misdemeanor. However, these penalties can be increased if the defendant used a firearm or other weapon during the crime.

Florida Statute § 784.03 states that it is an assault if a person touches or strikes another person without that person's consent. Injuring someone to intentionally inflict their bodily harm is also considered a battery. This crime is classified as a first-degree misdemeanor. Penalties include imprisonment and fines.

As mentioned earlier, batteries inherently imply illegal physical contact. In other words, if you touch or hit someone against their will or with the intent to injure them, you could be charged with battery.

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For example, if you hit the other person during a verbal altercation, you could face criminal charges for touching and injuring the other person. Some of the most common battery cases handled by Goldman Wetzel criminal attorneys include:

As the name implies, aggravated assault and aggravated battery are types of serious assault and battery in Florida. Using a deadly weapon other than to kill the victim or attack someone is considered aggravated assault.

If he used a deadly weapon, beat a pregnant woman, or intentionally caused great bodily harm during the crime. Because these crimes involve more violence, you may be charged and punished more severely.

No matter how trivial the dispute may seem to you, if you are charged with assault or battery in the Tampa Bay area, you do not have to plead guilty to those charges. Contact our personal assault and battery attorneys to learn more about possible defenses.

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Because it implies the use of a deadly weapon, aggravated assault carries a heavier penalty than the simple assault crime. In Florida, simple battery is a first-degree misdemeanor, while grievous assault is a third-degree felony.

The penalty is up to 60 days in prison and a fine of up to $500. Simple battery is a first-degree misdemeanor, punishable by up to 1 year in prison and a fine of up to $1,000.

Increased penalties for subsequent battery offenses if the accused has previous convictions for battery-related offenses

This means that, if convicted, the defendant faces up to five years in prison and a fine of up to $5,000.

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In addition, aggravated charges can lead to more serious consequences. In Florida, aggravated assault is considered a third-degree felony, which means you could face state prison and higher fines rather than county jail.

On the other hand, aggravated battery charging can lead to heavier penalties. Florida law classifies this crime as

If the aggravated battery charge is against a law enforcement officer, the defendant could face a first-degree felony charge. Sentences associated with the charges include up to 30 years in prison and a fine of up to $10,000.

Facing assault and battery in Florida is a very stressful experience and can lead to conviction if you don't have a strong defense. If you are looking for an experienced personal assault attorney, please contact our legal team. We serve clients in Pinellas, Manatee and Hillsborough counties.

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Simple and aggravated forms of assault lead to heavier penalties if the victim is a person over the age of 65. In addition to jail time, penalties include minimum fines and jail time, compensation and community service:

Florida law states that battery charges must be prosecuted within 2 years of the offense. However, there is no limit if the crime involves sexual abuse or the death of the victim, or if a serious battery offender is identified through DNA evidence.

As in assault cases, in the case of aggravated assault, prosecution must begin within 1 year of the crime.

In general, juvenile crimes are not charged as harshly as adult crimes in Florida. However, minors can be charged with assault and battery and face the same punishment as adults if deemed necessary.

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Whether a court should treat a juvenile as an adult depends on many factors. If you want more specific information about your child's case, you should consider speaking with a criminal defense attorney for a case evaluation.

Your freedom, future and reputation are at risk due to attacks and battery charges. In order to achieve a favorable outcome, you should seek the help of a criminal attorney experienced in handling such cases.

Goldman Wetzel is a criminal defense law firm representing clients facing assault and battery charges in the Tampa Bay area, including Pinellas, Hillsborough, Manatee, and Sarasota counties, as well as surrounding counties.

If you or a loved one is facing criminal charges of assault and battery in Florida, there are various legal avenues you can pursue. Let Goldman Wetzel criminal defense attorneys be by your side and fight for your rights. Schedule a free consultation by sending us a message or calling directly at (727) 828-3900. In Florida, assault is defined as an intentional, unlawful threat of violence, by word or action, to another person—if the person making the threat has the ability to carry out the threat and causes the victim to have a well-founded fear of imminent violence (basically, the victim has grounds for fear of such violence).

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Anyone who commits an assault is guilty of a second degree misdemeanor*, punishable under state statutes (Florida §775.082 or §775.083).

*A misdemeanor is a crime punishable by a fine or up to one year in prison. Sentence time is usually served in a county or city jail. This means that in Florida, the maximum penalty for any misdemeanor, such as simple assault, is one year in prison -- and generally, misdemeanors don't lead to state jail time.

Assaults on law enforcement officers, firefighters, emergency medical service providers, transit employees or agents, or other specified officials:

If the attack is committed by a public servant, as stated above, the penalties and convictions involved will be increased:

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Anyone who commits grievous injury is guilty of a 3rd degree felony*, punishable under state statutes (Florida §775.082 or §775.083 or §775.084), if committed.

*Felony: This is for more serious crimes and offenses punishable by more than one year in prison. Individuals incarcerated for felony assault (or battery) could serve their time in a state or federal prison instead of a city or county jail facility.

If the victim is:

We handle all types of assault and battery cases. We know how to protect your rights and provide you with a personal and vigorous defense

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