If you have been charged with assault or battery you could be facing severe consequences under Florida Law. If you are found guilty of a battery you could be facing one year (1) in the county jail. You also cannot have your record sealed and/or expunged and a second offense will be classified as a felony. An assault is classified as a misdemeanor in the second degree punishable by up to sixty (60) days in the county jail.  

The best decision you can make is to hire a lawyer for assault and battery who understands the unique nuances to help you find the best outcome. This involves considering well-thought-out strategies that will bolster your defense. Some of these strategies include the following listed below.


Challenging the Evidence

A skilled defense attorney will review the evidence in your case, speak to witnesses, conduct background checks on state witnesses, visit the scene of the incident and look for any contradictions in police reports and other statements provided. Are there any photographs of injuries, were the photographs fabricated. Is there video and if so, does it depict what happened, the more information you can provide your attorney or your attorney can obtain the better your defense may be.

Self-defense

Self-defense can be a defense to assault and battery. Anytime you are threatened by serious bodily harm or acting to protect someone else, you may have a defense. A skilled defense attorney will make the initial evaluation. A defense attorney will consider physical attributes like strength and the presence of any weapons that may have been involved. The goal is to show that you had no choice, but to defend yourself.

Defending Others

There are many situations where you are perfectly within your legal rights to defend yourself or another person. For example, if that person is incapable of doing anything to fight back. This could be a small child, or someone who is elderly, or even someone who has experienced a recent sickness and cannot move as well. There is a reasonable belief that the necessity of force had to be used under these circumstances.

Unintentional Harm

Accidents happen. Intent matters a great deal under the law. An unexpected slip in a coffee shop that leads you to falling into another person can be argued in your favor. A defense attorney can demonstrate that this action was nothing more than an accidental collision.

Mutual Consent

A less often yet nonetheless powerful argument is mutual consent. This is where both parties agree that there is a risk of physical confrontation before they enter any kind of situation. The goal here is to prove that you are not the primary aggressor, but a willing participant to a fight.

Pleading Innocence/Not Guilty

Never discount the powerful strategy of pleading not guilty. An experienced team of lawyers for assault and battery will demonstrate through evidence, witnesses, and possibly alibis that you had nothing to do with the case. Based on the circumstances presented, they will show you are not guilty of the crime because it could not have been you.

Constitutional Violations

Your rights are a vital argument in any criminal case. If those rights have been violated, an experienced lawyer will find and scrutinize the documentation to show such violations. This might be a mistake during the arrest process, the incorrect collection of evidence, or even an illegal search procedure. While these are “technicalities,” they are highly effective in ensuring you have the best possible outcome.

 

Contact Us Today 772-579-2771

No matter what strategy your lawyer for assault and battery uses, it has to be tailored to your unique situation and case. The best way to have that happen is to contact a qualified and experienced defense attorney. Schedule a consultation with us today at Dadan Law Firm. Led by Sasha Dadan, a bar approved attorney based in West Palm Beach, Vero Beach, and Fort Pierce, we understand the subtle nuances used in assault and battery cases. Let’s find a strategy for your unique situation.