Although assault and battery are often related crimes, the law in Florida defines the two crimes as distinct. Assault generally refers to the threat of imminent force. Battery generally refers to the unwanted touching of another person – touching that causes harm or injury. If you are facing a criminal charge in the Stuart area – or anywhere in Florida’s Treasure Coast region – for assault and/or battery, takt5e your case as quickly as possible to an experienced Stuart criminal defense lawyer at the law firm of Kibbey Wagner, PLLC.
In Florida, simple assault (also called misdemeanor assault) is any intentional and illegal threat made by one person against another in order to create a reasonable fear that violence or harm is about to occur. Simple assault is a second-degree misdemeanor punishable upon conviction by up to sixty days in jail and a fine of up to $500. Aggravated assault involves either the use of a deadly weapon or the intent to commit a felony. Aggravated assault is a third-degree felony in Florida, punishable upon conviction by up to five years in prison and a fine of up to $5,000.
WHAT ARE THE PENALTIES FOR BATTERY IN FLORIDA?
The crime of battery is defined by Florida law as actual physical contact with a victim, whereas assault is in most cases merely the threat of physical contact. Simple or misdemeanor battery is classified as a first-degree misdemeanor, punishable upon conviction by up to a year in jail and a fine of up to $1,000. However, when a defendant has a previous conviction for simple battery, that defendant will be charged with felony battery.
Felony battery is the intentional and unwanted touching or striking of another person which results in great bodily harm to that person. As mentioned previously, it’s also the charge when a defendant has a previous battery conviction. Felony battery is a third-degree felony, punishable upon conviction by up to 5 years in prison. Aggravated battery is the intentional touching of another person with a deadly weapon or with the intent to inflict great bodily harm. The penalty for an aggravated battery conviction can be as much as fifteen years in prison.
WHAT ARE YOUR DEFENSES AGAINST ASSAULT AND BATTERY CHARGES?
If you are charged with assault and/or battery in the Stuart area, a top criminal defense lawyer at Kibbey Wagner, PLLC can review the details of your case and craft an effective defense strategy on your behalf. Self-defense, the defense of others, and the defense of property are frequently offered as legal defenses in assault and battery cases. Sometimes a defendant has been misidentified, and it’s another person who is actually guilty of the battery. Of course, every case is different, so you must be represented by a knowledgeable criminal defense attorney, and you’ll need to adhere to that attorney’s advice.
If you or someone in your family is charged with assault and/or battery, take action immediately. You’ll need to work with an attorney who has considerable experience representing clients accused of crimes of violence. You’ll need to contact the legal team at Kibbey Wagner, PLLC. Call us at 772-286-0023 to arrange a no-cost, no-obligation legal consultation. Tell us your story, and we’ll explain how we can help.