assault & battery lawyer
Defending Your Assault and/or Battery Charge
If you have been charged with assault or battery you need an aggressive attorney who can fight your case. A conviction for assault and/or battery could negatively impact the rest of your life. At Dadan Law Firm we are dedicated to providing you with competent and aggressive representation. We offer a free consultation to help get you started.
Assault and Battery in Florida
Simple Assault
An assault is an unperfected battery. It does not involve actual physical touch. If you have been charged with assault the State must prove the following elements beyond a reasonable doubt:
- The defendant intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim;
- At the time the threat was made, the defendant appeared to have the ability to carry out the threat; and
- The threat created in the mind of the alleged victim a well-founded fear that the violence was about to take place.
Aggravated Assault
An aggravated assault involves using a deadly weapon with intent to commit a felony and is charged as a felony.
Simple Battery
Battery involves physical contact or touching an object connected to a person’s body. The crime of Simple Battery or Misdemeanor Battery is defined under Section 784.03, Florida Statutes. The State must prove beyond a reasonable doubt:
- Any actual and intentional touching or striking of another person against that person’s will (non-consensual), or
- The intentional causing of bodily harm to another person.
What Are the Penalties for Assault and Battery
Simple assault carries up to 60 days in jail and/or 6 months’ probation, and a $500 fine. A Battery carries up to 1 year in jail and/or 1-year probation, and a $1,000 fine.
Defenses for Assault (List Is Not All Inclusive)
- Lack of intent
- Conditional threats of violence
- No present apparent ability to carry out threat
- Self defense
- Stand Your Ground
Defenses for Battery (List Is Not All Inclusive)
- Self defense
- Stand your ground
- Lack of intent
- Mutual combat
- Accidental touching
It’s important that you call and speak to an attorney today to defend your case and protect your future. We are one of the best law firms that offers representation in Saint Lucie County, Martin County, Indian River County, Broward County, Dade County and Palm Beach County.
Call 772-579-0347 for a free consultation.
