Orlando Criminal Defense Attorney
At Frost Law, we are committed to defending you on your Assault or Battery case. As a former prosecutor, Attorney Frost handled hundreds of Assault or Battery cases including many Stand Your Ground hearings. He knows how the prosecution works and will help defend you to the fullest extent possible.
Navigating the legal landscape can be challenging, especially with criminal offenses like assault and battery. This guide explains the laws regarding Assault and Battery in Florida. It provides information to help you understand your rights and make informed choices.
Assault and battery are terms often used together, but they refer to distinct offenses under Florida law. The definition of assault is the intentional and unlawful threat or attempt to do violence to another person. It’s important to understand that an act can be classified as assault even without any real physical touch. Authorities in Florida can charge an individual with assault, even if they did not physically harm the alleged victim.
Battery is the deliberate and illegal act of touching or hitting another individual without their consent. Unlike assault, battery requires actual physical contact. Important to note that the severity of the physical contact can impact the charges and potential penalties.
All levels of Assault and Battery charges come from the lesser crimes of Assault and Battery.
For example, a person commits Aggravated Assault with a Firearm when they use a Firearm in an Assault. Aggravated Battery with a Firearm is when someone shoots, touches, or hits another person with a gun without permission. You can classify both charges as “simple” or “aggravated.” We classify this based on factors such as the level of violence and whether a weapon was used.
Florida law treats assault and battery charges seriously, with penalties that depend on the specific circumstances of the crime.
Simple Assault: Simple assault is typically a misdemeanor offense in Florida. If the court finds the person guilty, they could face various consequences such as fines, probation, or even imprisonment. The severity of the threat and the person’s criminal record will determine the specific punishment.
Simple Battery: Simple battery is also generally a misdemeanor in Florida. The penalties can be more severe than simple assault and may include fines, probation, and jail time.
Aggravated Assault: Aggravated assault involves more serious threats or the use of a deadly weapon. Aggravated assault is a felony in Florida and the penalties are significantly harsher. A conviction may result in substantial fines, lengthy probation, and imprisonment.
Aggravated Battery: Aggravated battery, like aggravated assault, is a felony charge. This offense involves intentionally causing great bodily harm, using a deadly weapon, or assaulting certain protected individuals such as law enforcement officers. Penalties for aggravated battery can include substantial fines and significant prison sentences.
A charge of assault or battery doesn’t mean an automatic conviction. Several defenses that may be applicable in these cases include:
Self-Defense: Individuals have the right to defend themselves against imminent threats of harm. If the accused can demonstrate that they reasonably believed they were in danger and used force to protect themselves, it may serve as a valid defense.
Defense of Others: Similar to self-defense, individuals may use force to protect others from harm. If the accused can show that they reasonably believed another person was in danger and acted to prevent harm, it could be a viable defense.
Consent: In some cases, the alleged victim may have consented to the physical contact, negating the element of unlawfulness required for an assault or battery charge.
Lack of Intent: Assault and battery charges hinge on intent. If the accused can demonstrate that they did not intend to threaten or harm another person, it may serve as a defense.
At Frost Law, we understand the gravity of assault and battery charges and the impact they can have on your life. Attorney Frost, a former prosecutor, handled many assault and battery cases in Orlando, including Stand Your Ground hearings. He knows how the prosecution works and will help defend you to the fullest extent possible.
Attorney Frost is dedicated to providing strategic and personalized representation. He will guide you through the legal process with expertise and compassion.
Our commitment to open communication, strategic advocacy, and a relentless pursuit of justice sets us apart. If you find yourself facing assault and battery charges in Orlando, don’t face it alone. Contact Frost Law for a confidential free case evaluation from an experienced assault and battery attorney.
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