If you are facing assault and battery charges in the State of Florida, it is important that you seek the help of a qualified, experienced, Florida criminal defense attorney. There are substantial differences between some of the charges that fall under the heading of assault and battery. Most of these charges have serious consequences that can greatly impact your life.
Being arrested, going to jail, and facing criminal charges can be scary and confusing. Regardless of whether you intend to fight the charges or not, a good Florida criminal defense lawyer can help you navigate the waters of the court system, understand your rights, build a case that is suited to your situation and circumstances, and be there to represent you when the time comes. It is important that you understand Florida assault and battery laws, and a good attorney can better explain these laws to you.
Florida Assault and Aggravated Assault Laws
Assault and aggravated assault comprise some of the most common criminal charges in the State of Florida. In 2009, county court systems in Florida handled more than 80,000 cases of assault or aggravated assault. If you or a loved one are facing assault or aggravated assault charges in the State of Florida, it is important to understand the differences between these two crimes.
Under Florida law, assault is defined as an intentional, unlawful threat by word or act to do violence to the person of another, coupled by an apparent ability to do so, and doing some act which creates a well-founded fear in the other person that said violence is imminent. Aggravated assault involves the use of a deadly weapon without the intent to kill, or is an assault that is committed while committing a felony or attempting to commit a felony.
An assault can be either a misdemeanor or felony. Whether you are charged with a misdemeanor or a felony depends largely on other aspects of the situation. Aggravated assault, however, is much more serious. In the State of Florida, aggravated assault is a third-degree felony. It carries with it a rather lengthy prison term, if convicted.
Florida Battery Laws
Battery charges differ from both assault and aggravated assault. Every year, there are thousands of people convicted of battery. Battery is very similar to assault, except that it involves the actual use of physical force, instead of just the threat of violence. Battery is actually or intentionally touching or striking another person against their will or intentionally causing bodily harm to another person.
A person can also be charged with aggravated battery in the State of Florida, if, in the course of committing battery, that person intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement. A person may also be charged with aggravated battery if a deadly weapon is used while committing battery.
Contacting a Criminal Defense Lawyer in Florida
Charges of both battery and aggravated battery carry with them significant prison terms, if convicted. However, in both cases, a conviction and the length of sentence are largely dependent upon the facts of the case and the evidence presented in court. The outcome of your case affects so many aspects of your life: your personal and family relationships, your mental and physical well-being, your freedom, your finances, and your ability to obtain a job. Don't take changes with your freedom. Call T. Andrew Marks to discuss your case over the phone or schedule a free consultation.