Orlando Assault and Battery Attorney
What Is Considered Assault in Florida?
Florida statutes define assault as an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, and doing some act that creates a well-founded fear of imminent violence in another person. Assault is a second-degree misdemeanor punishable by up to 60 days in prison and $500 fines.
An assault charge can involve aggravating circumstances that result in increased legal punishments. Aggravated assault is an assault with a deadly weapon without the intent to kill or with the intent to commit a felony. This is a third-degree felony that is penalized by a maximum of 5 years in prison and $5,000 fines. However, habitual violent offenders may suffer up to 10 years in prison if convicted of aggravated assault.
It’s important to note that assault does not have to result in physical harm. The threat or perceived threat of physical harm is enough to warrant criminal charges. As such, let’s take a look at some examples of assault:
- Threatening to kill someone after they bump into you by accident
- Getting angry when your favorite sports team loses and waving a broken beer bottle at an opposing sports fan’s face
- Attempting to punch someone by swinging towards their neck but missing
- Throwing a heavy object at someone from across the from
- Grabbing someone’s shirt collar and violently shaking them
In the heat of the moment, a tense situation can escalate out of control. When police become involved, you may find yourself facing assault and battery charges. These charges are serious, and the penalties of a conviction are severe. At the Law Office of Carrie L. Rentz, P.A., we know how stressful and overwhelming this can be. Our assault and battery attorney in Orlando is well-versed in all aspects of criminal defense. We offer aggressive yet compassionate legal representation, and we can help you.
Types of Assault & Battery Cases in Florida
Depending on the circumstances of your case, you may be facing charges of assault or battery. Assault charges refer to situations in which an individual is threatened or intimidated by someone. For the threat to be credible, the individual must be capable of carrying out the threat. Battery charges refer to situations in which an individual is physically attacked and suffers bodily harm.
Common assault and battery cases include:
- Aggravated assault
- Aggravated battery
- Assault or battery of a police officer
- Assault or battery with a deadly weapon
- Domestic battery
- Sexual assault
- Sexual battery
The factors of your case will determine if you are charged with a misdemeanor of a felony, such as the presence of a weapon and the severity of a victim’s injuries. Regardless of how your case is prosecuted, you must secure legal representation.
The penalties of a conviction include both fines and jail time. Furthermore, the presence of a criminal conviction on your record can preclude you from finding work or housing. It can also have a negative impact on other pressing matters, such as custody cases. With such high risks, it is not recommended that you represent yourself.
Facing charges for assault or battery? To discuss your defense, contact our firm at (407) 995-6735 today! We service clients in Orange County and Seminole County.
Possible Defenses to Assault Charges
While assault charges are serious and can have detrimental impacts on your life, there is hope. Depending on the circumstances of your charges, we can incorporate one or more of the following defenses into your case:
- Defense of others
- Defense of property
- False allegations
- Lack of evidence
Allow our Orlando assault attorney to formulate a hard-hitting defense on your behalf and champion your freedom from start to finish, as your fight is our fight.
Aggravated Battery in Florida
In the state of Florida, battery is considered to be aggravated battery according to the circumstances of the case. Some circumstances that are considered to be aggravated battery include:
- Battery against a victim that the defendant knew or should know was pregnant
- Knowingly and intentionally causing great bodily harm or permanent disfigurement / disability
- Battery with a deadly weapon
- In addition, if a firearm was used or possessed during the battery you can face enhanced penalties.
Law enforcement officers can make mistakes and not all accusations of assault are legitimate. At the Law Office of Carrie L. Rentz, P.A., we are committed to our clients. When you hire our Orlando assault and battery defense attorney, you will always be treated with care and respect. With experience as a former prosecutor, we know how to defend these types of criminal cases. Put our 15 years of experience to work for you.