In Florida, there are several crimes that may lead to charges of battery and assault. Common battery charges in Florida include Misdemeanor Battery, Domestic Battery by Strangulation, Domestic Violence Battery, Felony Battery, Aggravated Battery, and Aggravated Battery on a Pregnant Person. Assault charges are usually less severe but will in most cases accompany battery charges in one way or another. This is because, in Florida, an assault is defined as an intentional threat against another person that is unlawful. Threatening another individual is known as simple assault. Both assault charges and battery charges can lead to severe penalties ranging from sixty days in jail, six months of probation, and a $500 fine to one year in jail, one year of probation, and $1,000 in fines for each singular count of each criminal offense. The intensity of individual altercation and surrounding circumstances will have a lot to say about the outcome of a case. In some cases, aggravated assault can be a felony crime that is prosecuted and subsequently penalized under federal law. For this and many other reasons, retaining an experienced Fort Lauderdale assault and battery defense lawyer as soon as possible is paramount.
At Joffe Law, P.A., we have an expert team of professionally qualified and seasoned lawyers on hand to help you defend your rights and freedoms. Our attorneys have experience defending clients from assault and battery charges at both state and federal levels. The state of Florida does not take assault and battery allegations lightly. Penalties from convictions of assault, battery, or both, can be severe. Understanding your rights is just as important as knowing what crimes you may be charged with. At our firm, we have experience defending clients from charges like:
In the state of Florida, simple assault falls under Florida Statute 784.011. Simple assault constitutes any act that causes another individual to feel reasonably threatened, accompanied by the ability of the aggressor to carry out the threat. For instance, if an individual raised their fist and threatened to hit another person, creating a genuine and reasonable fear of imminent violence, charges of misdemeanor simple assault may be given. Simple assault charges can be coupled with simple battery charges.
Aggravated assault is assault usually a simple assault where a deadly weapon is involved. This kind of assault is prosecuted as a felony. This means that if you are brandishing a weapon during an assault and your actions are perceived as threatening, you may be charged with aggravated assault.
Simple assault and battery
When an individual commits assault and battery, they have intentionally engaged in threatening behavior and then proceeded to carry through their threat in one way or another. For example, if a person was holding a non-harmful object that was not a deadly weapon, and then threatened to throw the object at another person, they would be liable for simple assault. If they went ahead and threw the object, they may then be charged with one count of simple assault and simple battery.
Misdemeanor battery (simple battery)
This is committed when a person either intentionally touches or strikes another person against their will or intentionally causes bodily harm to another person. A crime of battery may occur when one person harmfully grabs another person against their will, or even when they throw something that strikes another individual. Misdemeanor Battery is prosecuted under Florida Statute 784.03. First Degree Misdemeanor Battery may carry penalties of up to one year in jail, one year of probation, and a $1,000 fine for each count. If the battery occurs on federal property, you may face charges that are much more severe. additionally, if a battery must be reclassified, penalties are also more severe. Reclassification examples in Florida include battery charges involving:
- Emergency medical care providers
- Law enforcement officers
Reclassification may lead to reclassification from a First Degree Misdemeanor to a Third Degree Felony. Aggravated Battery reclassification can take a Second Degree Felony to a First Degree Felony and if it involves law enforcement officials, it may also include a minimum sentence of 5 years in prison.
Domestic battery by strangulation
This falls under Florida Statute 784.041(2). If a battery crime involves strangulation, or, knowingly and intentionally impeding air and or blood flow by applying pressure to the neck or throat, it may be classified as Domestic Battery by Strangulation. A politically charged topic in Florida, Domestic Battery by Strangulation is usually prosecuted aggressively. It is classified as a Third Degree Felony. Penalties may include:
- Up to five (5) years in prison,
- Five years of probation
- A $5,000 fine
- Mandatory jail time
- A permanent criminal record
- Prosecution a deportable offense for immigration purposes
- Ineligibility for sealing or expungement
- Mandatory counseling
This is a very common type of battery in Florida. It constitutes the same criminal behavior associated with Simple Battery, except that Domestic Violence Battery involves unlawfully causing harm to a family member, household member, or domestic partner without their consent. It is prosecuted more severely in Florida than simple battery. Usually, for a crime to be considered Domestic Violence Battery, individuals must be related or living in the same household. If injuries occur, mandatory jail time can be expected. Domestic Violence Battery is also prosecuted aggressively in Florida. Domestic Battery may also be coupled with charges of Domestic Battery by Strangulation, Aggravated Assault, Aggravated Battery, and Murder. If you have been accused of allegations of Criminal Domestic Violence Battery, contacting a criminal defense attorney as soon as possible may be wise. For each count of Domestic Violence Battery, the accused may receive:
- Up to one year in jail
- One year of probation
- A $1,000 fine
- Mandatory Jail Time
- A Permanent Criminal Record
- Prosecution a Deportable Offense for Immigration Purposes
- Ineligibility for Sealing or Expungement
- Mandatory Counseling
Finding the right assault & battery attorney
If you find yourself facing charges of Assault and Battery, contacting a highly-qualified Fort Lauderdale assault attorney as soon as possible should be your first move. At Joffe Law, P.A., we understand that in some situations, the circumstances surrounding charges of assault and battery can be complex. Our experienced lawyers are available and ready to give your unique case the time and dedication that it requires. Remember, the sooner you attain quality legal representation, the better the outcome of your case will be.