ASSAULT
AND BATTERY
Aggravated Assault
• Sexual Battery
Assault with a Deadly Weapon
Orlando
Criminal Defense Attorney
Florida Criminal Lawyer
Assault
and Battery crimes are taken severely in Florida and carry harsh penalties.
Assault
is “the unlawful attempt to violently injure an additional person.”
Threats and attempts to physically injure someone qualify as an assault.
Battery
is “unwanted touching or striking of an additional person, or anything
connected to that person.” Battery is a willful violent act which
causes physical harm.
Florida
ASSAULT AND BATTERY LAWS
Assault
and Battery cases variety from simple confrontations and bar fights to
domestic violence and assault and battery with a deadly weapon. Under
Florida criminal law, charges for these offenses variety
from misdemeanors to felonies, and
include:
- Assault:
(simple Assault) an unlawful attempt, coupled with present ability
to commit a violent injury upon an additional person. can only be charged
as a misdemeanor.
- Sexual
assault and battery: unwanted sexual contact in which the
victim did not consent to the act. This is one of the additional severe
crimes because you’ll not only face county prison or state prison;
you’ll become a registered sex offender for life.
-
Assault on a police officer: an unlawful attempt
to commit a violent injury upon a police office, firefighter, EMT,
or code enforcement officer.
-
Assault with a Deadly Weapon: using a weapon (other
than a firearm) of any kind by means of force likely to produce great
bodily injury (GBI). can be charged as a misdemeanor or felony. A
conviction for this offense may be deemed a 'Strike”
under the Florida Three Strikes Law. Use of a car
as a deadly weapon could mean lifetime revocation of your Florida
Driver’s License.
-
Assault with a firearm: an assault on an additional person
with a firearm. can be charged as a misdemeanor or felony.
-
Battery (simple Battery): willful and unlawful use
of force or violence against an additional person. can be charged as a misdemeanor
or felony.
- Battery
with Injury: when a battery is committed against
an additional person and severe bodily injury occurs the battery can be
charged either as a misdemeanor or felony.
-
Battery on a police officer: intentional and unlawful
touching, striking, or hitting of a police officer.
-
Domestic Violence: corporal
bodily injury to a family member or a party one has been living with,
resulting in a traumatic condition.
-
Mayhem: disabling or disfiguring a victim’s
body part such as a cut lip, injured eye, bitten ear, etc. Charged
as a felony.
-
Torture: causing cruel or extreme pain or suffering
by inflicting great bodily injury.
THE
CONSEQUENCES ARE SERIOUS
Whether
you’re arrested or convicted of a misdemeanor or felony assault
or battery, you could face any or all of the following:
- Parole
- Mandatory anger management
courses
- Losing your right to
own a deadly weapon
- Being turned down for
employment after you’re released
- Lifetime revocation of
your Florida Driver’s License
- County prison or state prison
time
- A permanent criminal
record
- Significant fines
- Probation
Assault
and battery convictions can be charged as "Strikes”
in Florida and fall under the Three Strikes Law. This
means your sentencing will be worse if you had past assault
and battery convictions (or any other convictions such as drug
or weapons possession); or you were on probation or parole at the moment
of the crime. A arrested or convicted felon with a past strike will face a doubled
prison sentence for any future strike convictions.
Plus,
any conditions that might make the assault and battery crime
worse, such as torture or use of a gun, will elevate the punishment.
EXPERIENCED
ATTORNEYS ARE CRITICAL
If
you’ve been accused or charged with assault and battery
in Florida, you may able to plea self defense or lack of intent.
Your case may even be thrown out of court (dismissed) depending on the evidence. But the only
way you can explore these possibilities is by hiring an experienced
attorney with complete and thorough knowledge of the complex Florida assault
and battery laws.
At
the offices of Orlando Criminal Defense Attorney Orlando Criminal Defense Law Firm., we specialize in criminal law. We know what
it takes to win these cases. Our Florida based law firm will thoroughly investigate and examine
all the evidence and proven facts related to your assault and battery case, gather all evidence
that supports your defense, and work to ensure that your defense rests
on solid evidence and proven facts.
Contact
us now for a free, confidential evaluation of your case.
If in fact you have been arrested or under investigation for Assualt and Battery
in Florida, it is significant that you hire an experienced Orlando Assualt
and Battery criminal defense attorney to represent you. The Orlando Criminal Defense Law Firm. will work relentlessly to mount a successful
defense to the charges with which you have been charged. As a former
Assistant United States Attorney for nearly 10 years, William H. Bryan
III is well versed in the strategies and tactics of the prosecution
and can predict and anticipate the next move and how to aggressively defend Assualt
and Battery in the state of Florida. We are a strong defender of our
clients' consitutional rights and will do everything in our power to
protect and defend them. William H. Bryan III, Esq. is an aggressive Orlando Assualt
and Battery criminal defense lawyer who will organize and prepare every aspect
of your Assualt and Battery case up to and including trial.