ASSAULT & BATTERY
Assault & Battery Attorneys South Florida
If you have been arrested or are under investigation for assault and battery in Florida, it is vital that you hire an experienced Florida assault and battery criminal defense attorney to represent you. The Florida attorneys at Leader, Leader & Zucker, PLLC will work relentlessly to mount a successful defense to any assault and battery charge, whether you face misdemeanor or felony charges. Assault and battery cases can range from simple bar fights to assault and battery with a deadly weapon. Although commonly confused with assault, battery is a separate crime which describes the act of striking someone on purpose with the expectations of harming or disrespecting them. Accidental contact, no matter how severe, is not considered battery. Assault on the other hand, occurs when an action or a threat places someone in imminent fear of bodily injury or death. Unlike battery, which occurs when there is physical contact with the victim, assault does not involve physical contact. You may assault someone with no physical contact.
- Simple battery is a first degree misdemeanor which is punishable up to 1 year in the county jail, up to 12 months of probation, up to a $1000 fine, and some mandatory surcharges as set forth by the Florida legislature.
- Simple Assault is a second degree misdemeanor punishable by up to 60 days in the county jail, up to 6 months of probation, up to a $500 Fine, and some additional court costs as set by the court.
- Aggravated Battery is a second degree felony under Florida law, punishable by up to 15 years in the Florida Department of Corrections. Pursuant to Florida Statute, Florida’s aggravated battery statute contains all of the elements of the battery statute with the addition that the Defendant knowingly or intentionally caused great bodily harm, permanent disability, or permanent disfigurement or a battery OR the person uses a deadly weapon while committing a battery.
- Aggravated assault is a 3rd degree felony. A third degree felony is punishable by up to 5 years in the Florida Department of Corrections or up to 5 years of probation. If you are placed on felony probation with the Florida Department of Corrections, you will be required to report monthly to a probation officer and have your photo displayed in the DOC website. Under Florida law, aggravated assault is when someone uses a deadly weapon while committing an assault without intent to kill or with the intent to commit a felony.
- Felony battery is a third degree felony punishable by up to 5 years in the Florida Department of Corrections. Felony battery differs from misdemeanor battery because the victim is alleged to have suffered great bodily harm, permanent disability, or permanent disfigurement.
- Sexual assault and battery involves unwanted sexual contact in which the victim did not consent to the act. rimes 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 is an unlawful attempt to commit a violent injury upon a police office, firefighter, EMT, or code enforcement officer.
- Assault with a firearm is an assault on an additional person with a firearm which can be charged as a misdemeanor or felony.
- Domestic violence, a specific type of assault & battery, can
- Almost immediately cut you off from your home and family
- Be highly emotional because parties and witnesses are usually related
- Require mandatory counseling
- Involve the possibility of mandatory incarceration
- Have permanent immigration consequences
- Result in your loss of the right to carry a concealed weapon
- Lead to even more serious consequences if a conviction is “enhanced” by a previous
Successful Defense Against Assault and Battery
The lawyers at Leader, Leader & Zucker, PLLC have encountered all types of assault and battery charges and are ready to protect your rights and limit your consequences. As experienced Florida criminal defense attorneys, we know what it takes to win Florida assault and battery cases. Remember, your best chance for a successful defense involves hiring us sooner rather than later.