Assault and battery charges are some of the most common cases in the Florida court system, however, they are both serious crimes and can have harsh consequences. If you or a loved one has been charged with assault or battery charges, it is in your best interest to seek the legal counsel of an experienced Fort Lauderdale assault and battery defense attorney.
Assault in Florida
Assault is defined as intentional, unlawful threat by word or action to do violence to another person, when the the threatened person feels that his aggressor has the ability to cause harm. Aggravate assault is an assault with a deadly weapon without the intent to kill or assault that is committed during an attempt to commit another felony.
In most cases, assault can be a misdemeanor, but depending on the facts surrounding the situation it may be escalated to a felony conviction. Aggravated assault, on the other hand, is a third degree felony that typically results in serious prison time if the defendant is convicted.
Fort Lauderdale Battery Charges
Unlike assault, Florida state law allows for battery charges when the defendant makes physical contact with the victim. When prosecuting a battery charge, the State Attorney must show that the defendant intentionally touched or truck the victim and that the contact was against the victim’s will.
The State of Florida also establishes different types of battery. Simple battery requires intentional and unwanted physical contact between two people. In the event that a person charged with battery has a previous battery conviction, the prosecutor may argue to have the defendant charged with felony battery.
Aggravated battery is the commission of battery against a victim who is pregnant at the time of the offense, if the defendant knew about the pregnancy. Two other offenses also constitute aggravated battery, including: intentionally or knowingly causing great bodily harm or permanent disability or disfigurement to the victim and battery with a deadly weapon.
Florida Assault and Battery Defenses
If you have been charged with assault or battery, an experienced Florida criminal defense attorney can help protect your rights. Some of the possible defenses for an assault or battery charge include:
- Lack of intent
- Consent from the victim for physical contact
- Defense of another party
- Defense against harm to personal property
The Law Offices of Edward G. Salantrie have experience handling assault and battery cases in the State of Florida. Call today to begin your free consultation: (954) 523-2100.