Assault & Battery in Florida
Leskovich Law Group, P.A. have been helping clients with their criminal defense needs for over 25 years. Anyone facing assault and/or battery charges can benefit from the legal services offered by our experienced defense attorneys. We handle federal crimes,
white collar crimes,
DUI offenses, and other types of misdemeanor and felony cases.
Our high rate of success often results in reduced charges, dropped charges, or dismissed cases on behalf of our clients. In many instances, it is possible to avoid jail or prison time by partaking in diversion programs or probation. We always fight for the rights of our clients and seek to achieve the most favorable case outcome.
Assault and Aggravated Assault
The 2012 Florida Statues, Title XLVI Crimes, Chapter 784, Assault; Battery; Culpable Negligence define the crimes and dictate the penalties. Assault is defined as the "Intentional, unlawful threat by word or act to do violence to the person of another; coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent." If you threaten someone and make that person fear for his or her safety, you may be arrested charged with criminal assault.
Aggravated assault is the commission of assault with a deadly weapon with the intent to commit a felony but without the intent to kill. Using a weapon in a threatening manner against another or using it in order to commit a felony can have you arrested for aggravated assault. A guilty verdict for assault allegations means a 2nd degree felony offense, punishable by up to 60 days imprisonment and up to $500 in fines. A person found guilty aggravated assault charges faces a 3rd degree felony, with penalties not to exceed 5 years in prison and payment up to $5,000 in fines.
Battery, Felony Battery, Aggravated Battery
If one intentionally touches or strikes another in a way that is against the will of the other person then that is a crime of battery. Felony battery occurs when one touches or strikes another against their will and causes "great bodily harm, permanent disability or permanent disfigurement." In aggravated battery cases, a battery took place, the victim was harmed physically and a deadly weapon was used during the commission of the crime. Further, if the victim of battery was pregnant and the offender was aware of the pregnancy, the crime becomes an automatic aggravated battery felony crime.
Battery is a 1st degree misdemeanor, with punishment not to exceed 1-year imprisonment and $1,000 in fines. Felony battery is a 3rd degree felony, punishable by imprisonment up to 5 years and payment of up to $5,000 in fines. Aggravated battery is a 2nd degree felony, with a maximum prison sentence of up to 15 years and payment of up to $10,000 in fines.
Contact a Punta Gorda criminal lawyer today!
The laws concerning assault & battery and the accompanying penalties are strict in Florida and it is important to have a legal defense attorney present from the time of arrest. During arrests, mistakes can occur like the failure to read the Miranda warning, violating protocol for handling evidence, taking a statement after a request by the defendant for a lawyer, and other errors. Assault & battery cases require good defense strategies. Call Leskovich Law Group, P.A. for more information on how we can defend your case.