Assault and Battery
Assault in Florida
Assault is defined as:
- An intentional and unlawful threat - by word or act - to commit violence against another person;
- with the apparent ability to carry through with the threat at the time it was made;
- and the threat created a genuine fear in the intended victim that the violence was imminent.
Most assaults will likely be charged as a misdemeanor, however if the threat was made with a deadly weapon, or with an intent to commit a felony, the charge may be upgraded to Aggravated Assault, which is a felony, punishable by up to 5 years in prison.
Battery in Florida
Battery is defined as:
- When a person actually and intentionally touches or strikes another person against the will of the other; or
- Intentionally causes bodily harm to another person.
Similar to assaults, most batteries will be charged as a misdemeanor, however an individual who has a prior battery conviction may have the subsequent battery charge filed as a felony, which is punishable by up to 5 years in prison.
Aggravated Battery in Florida
Aggravated battery is defined a person, who in committing battery:
- Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
- Uses a deadly weapon.
A person also commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. Aggravated battery is a felony of the 2nd degree, punishable by up to 15 years in prison, and usually carries a mandatory term of imprisonment in state prison upon a conviction.
Other Variations of Assault and Battery Charges in Florida
Pursuant to Chapter 784 of the Florida Statutes, there are other numerous assault and battery charges that may be filed. Assault and battery charges in Florida are very serious because you may be arrested for one form of assault or battery and then later rearrested or charged with another more serious assault or battery charge, including:
- Aggravated Assault
- Aggravated Assault with a Deadly Weapon
- Domestic Battery
- Felony Battery
- Aggravated Battery
- Sexual Battery
- Domestic Battery by Strangulation
- Aggravated Battery on a Pregnant Person
- Battery on Health Services Personnel
- Assault or Battery on a Law Enforcement Officer
- Assault or Battery on an Elderly Person
- Assault or Battery on a Detainee
There are many defenses to a charge of assault or battery. Self-defense is an absolute defense to these charges and may prevent you from being convicted of assault and or battery. Self-defense is a complicated and often misapplied area of law. You need an experienced and knowledgeable criminal defense attorney who is well versed in self defense and other defenses you may have to these charges.
Lance P. Richard, P.A.
has successfully defended serious charges of assault and battery and has extensive experience in arguing self-defense before a jury. Contact Lance P. Richard, P.A. today to have your assault and or battery charge evaluated by an attorney who is experienced in defending these types of charges.
Lance P. Richard, P.A.
handles Assault in Martin County, Florida; St. Lucie County, Florida; Palm Beach County, Florida; Indian River County, Florida; Okeechobee County Florida, and the following cities: Stuart, Palm City, Jensen Beach, Hobe Sound, Jupiter, West Palm Beach, Palm Beach Gardens, Lake Worth, Wellington, Boynton Beach, Port. St. Lucie, Sewall's Point, Ft. Pierce, Vero Beach, and Okeechobee.