Florida Assault & Battery Defense Attorney

Being accused of assault or battery can result in a misdemeanor or felony. If convicted, these convictions can follow you for the rest of your life, making it difficult to obtain gainful employment, housing, or even insurance for your home or vehicle. The prosecution can sometimes upgrade a misdemeanor charge to a felony.

A Florida assault & battery lawyer can guide you through the process and help develop a strategy for the preferred outcome. Depending on the circumstances, you may have a valid defense for your actions.

Areas We Serve

With offices in Orlando and Tampa, the experienced lawyers at Darling Law serve many regions in Florida, including the following several Florida counties, including:

• Hillsborough, Manatee, Pasco, Pinellas, Polk, Highlands, Desoto, Hardee and Sarasota
• Citrus, Hernando, Sumter, Marion, Lake, Osceola, Seminole, Brevard and Volusia
• Baker, Clay, Duval, Flagler, Nassau, Putnam, St. Johns, Bradford, Union, Levy, Alachua and Gilchrist

“Darling Law is top notch! Andrew Darling immediately got to work on my case from the minute I contacted him. He and Ashley from his firm were extremely professional and kept in constant contact with me which made me feel extremely comfortable with the process. They got my case dismissed in very timely manner and cause very little disturbance to my everyday life. I would definitely recommend Darling law to anyone looking for an attorney!” – Julius F.

Defining Florida Assault and Battery

Often, people use ‘assault’ and ‘battery’ when they mean one or the other. Some even confuse the terms.

An assault is the threat of physical harm someone does to you, while battery is actually causing bodily harm to another. Each has its own set of penalties.

Assault and Battery Charges in Florida

Those convicted of assault or battery may face criminal charges that could affect them for the rest of their lives. The standard penalties associated with assault and battery include:

1. Simple Assault

A person charged with simple assault, which is a threat that causes another to fear impending violence, can incur penalties of up to 60 days of jail time, six months of probation, and/or a fine of up to $500. If the simple assault is against victims, such as public servants or police officers, it becomes a first-degree misdemeanor offense.

2. Aggravated Assault

A person charged with aggravated assault usually uses a weapon with their threat. It may also be a more severe form of a threat. The penalty is a third-degree felony, which may incur up to five years in prison, five years probation, and/or up to a $5,000 fine.

3. Simple Battery

Simple battery means someone physically harmed another person. If convicted, the person faces misdemeanor charges unless the physical harm is against a public servant or police officer, which becomes a third-degree felony. For a simple battery, a person could face up to a year of jail time and/or a fine of up to $1,000.

4. Battery Domestic Violence

A law enforcement officer may charge you with domestic battery if the person intentionally touches or hits another person who is a family member or a household member. It is a misdemeanor, and the aggressor, if convicted, can spend up to a year in jail, a year on probation, and/or a $1,000 fine.

5. Felony Battery

Florida Statutes also provide penalties for felony battery, which is when a person intentionally touches another without consent and causes permanent disability, great bodily harm, or permanent disfigurement to the other person.

The difference between felony battery and aggravated battery is that the aggressor does not need the intent to cause bodily harm for law enforcement to charge them with felony battery.

A person who commits felony battery can incur up to five years in prison and/or a fine of up to $5,000.

6. Aggravated Battery

If the police charge a person with aggravated battery, it is a more severe form of physical violence, usually involving a weapon. Aggravated battery is a felony offense. The penalties are up to 15 years in prison and/or a fine of up to $15,000.

What Are Your Legal Rights After an Arrest in Florida?

If you are arrested for assault or battery – or both – in the state of Florida, you have legal rights, including:

• Exercising your right to remain silent. You do have to identify yourself by providing your name and identification documents.
• Having a criminal defense attorney present during any questioning by law enforcement.
• Contesting the legality of your arrest and the admissibility of any evidence law enforcement collects.
• Demanding a speedy trial and having the right to a fair, impartial jury.
• Building a robust defense and challenging the prosecution’s arguments.

Building Your Defense with Our Assault & Battery Attorney

Those who are arrested for assault, battery, or both may have defenses depending on their circumstances. Some common defenses include:

• Self-defense: If you were defending yourself and the force you used was proportional to the threat, you could claim self-defense.
• Defense of others: You can use reasonable force to protect another person from danger or harm. However, you must reasonably believe the person you defended was in danger.
• Consent: If the alleged victim voluntarily and willingly participated in the physical contact, you may be able to use consent as a defense. However, consent is not a valid defense in certain battery cases.
• No intent: For you to be convicted of battery, the defense must prove intent. If the contact was unintentional, accidental, or an innocent mistake, you may be able to use no intent as a defense.
• Stand your ground: The stand-your-ground laws remove the duty to retreat in cases where someone is committing a forcible felony or if your life is in imminent danger. You must have a reasonable belief that you need to protect yourself.
• Alibi: Proof that you were not at the scene of the alleged battery can be a strong defense, depending on the type of proof you have.
• Mutual combat: Even if both parties consented to the fight, you cannot use mutual combat as a defense under Florida laws.

Why Choose Darling Law?

Being convicted of assault or battery can follow you around for life. It can affect your ability to obtain housing, employment, and insurance. If someone accuses you of assault or battery, an experienced criminal defense or probation attorney can guide you through the court process and work on a strategy for the preferred outcome.

Testimonials

“First off I just want to say thank you! My case was 2 years old, and no Lawyer wanted to touch it because I had court the next day. I called Darling Law, and I didn’t know what to expect but Andrew took my case. Long story short I was looking at years and all the state was trying to do was get me to accept a plea. MY boy Andrew told me we can win this and that’s what the hell we did, just got the good news today, and there still working to make sure my name is clean. I’ll never forget the work and time u put in all the court dates and calls to let me know how everything was going. From me and all of my family with so much love for believing in me. THANK YOU DARLING LAW AND THANK MY BOY Andrew, Andrew,Andrew,Andrew ! Lol you don’t know how happy I am. About to go party with my kids.” – Marcus W.

Secure Your Defense: Call Us Now

If you were arrested for assault, battery, or both, contact a defense attorney as soon as you can. You can contact Darling Law any time of day or night at 407-329-8260 or by completing our online contact form.