Assault And Battery Jail Time - When an argument or dispute gets out of hand and results in violence or threats, one or both parties can be arrested for assault and battery. Because of their violent nature, assault and battery convictions in Florida result in a permanent criminal record, fines and imprisonment. To avoid these consequences, consider hiring a criminal defense attorney to help you.
Assault and battery are two of the most common violent crimes. But that doesn't mean these charges are trivial. In fact, if you have been arrested or charged with assault or battery, you should prepare a strong defense to help defeat or reduce your charges.
Assault And Battery Jail Time
If you have questions or would like to discuss your allegations with an experienced attorney, talk to the tort lawyers at Goldman Wetzel and find out what we can do on your behalf.
Criminal Battery In New Jersey
In Florida, assault and battery are separate crimes. Battery occurs when a person intentionally touches, hits, or physically harms another person. Assault is a threat to commit a violent act against a person. Common forms of assault and battery are considered felonies.
Because they are related and usually similar, assault and battery are often confused. However, in Florida there is a difference between these crimes and the penalties associated with them. Both crimes involve some violence, however
In other words, the difference between assault and battery is that assault is a threat and does not use physical violence or contact, while the crime of assault involves violent physical contact, such as hitting. In short, battery charges are considered slightly more violent than assault crimes.
In Florida, assault is defined as a physical or verbal threat to harm a person, with the ability to carry out that threat. The act must cause another person to fear violence. Assault charges carry up to 60 days in jail and a fine of up to $500.
Falsely Accused Of Assault And Battery? What You Should Consider Doing
The elements of assault are defined in Florida Statute § 784.011. Note that this offense involves no physical contact, but threats of violence that make the victim(s) fear for their safety.
In Florida, assault is considered a second degree misdemeanor. However, these penalties can be increased if the defendant used a firearm or other weapon during the crime.
Florida Statutes § 784.03 A person commits battery if he or she touches or strikes another person without his or her consent. Injuring a person with intent to cause bodily harm is also considered assault. This offense is classified as a felony of the first degree. Punishment includes imprisonment and fines.
As already established, battery actually refers to unlawful physical contact. In other words, if you touch or hit someone against their will or with the intent to hurt them, you can be charged with battery.
Draymond Green Reaches Plea Deal On Assault Charge
For example, if you hit the other party during an oral argument, you may face criminal charges because you touched the other person and hurt them. The most common battery cases handled by Goldman Wetzel's criminal defense attorneys include:
As the name suggests, in Florida, aggravated assault and aggravated assault are aggravated forms of assault and battery. Using a deadly weapon without the intent to kill the victim or assaulting a person with the intent to commit a crime is considered aggravated assault.
If in the course of the crime he used a deadly weapon, assaulted a pregnant woman or intentionally caused grievous bodily harm. Because these crimes involve more violence, you can expect stiffer charges and penalties.
No matter how petty your argument, if you've been charged with assault or battery in the Tampa Bay area, you shouldn't take your charges lightly. Contact our assault and battery attorneys to learn more about possible ways to fight your charges.
Former Uva Student Will Serve No Jail Time For Sexual Battery
Because it involves the use of a deadly weapon, it is more severe than ordinary battery. In Florida, simple battery is charged as a first-degree felony, while aggravated assault is classified as a third-degree felony.
That carries a maximum penalty of 60 days in jail and a fine of up to $500. Simple battery is a first degree misdemeanor and is punishable by up to 1 year in jail and a fine of up to $1,000.
If the defendant has a prior conviction for a battery-related offense, the penalty for a subsequent battery offense will increase.
This means that if convicted, the accused faces up to 5 years in prison and a maximum fine of $5,000.
Canadian County Inmate Faces More Prison Time In Jail Assault
Additionally, increased charges will lead to more serious consequences. In Florida, aggravated assault is considered a third-degree felony, meaning that instead of a county jail sentence, you could face state prison and higher fines.
On the other hand, increased battery charges are severely penalized. Florida law classifies this crime as a
If an aggravated felony was committed against a law enforcement officer, the defendant may face first degree felony charges. Penalties associated with these charges include up to 30 years in prison and a maximum fine of $10,000.
Facing an assault and battery charge in Florida can be a daunting experience if you don't have a strong defense. If you are looking for an experienced assault attorney, contact our legal team. We serve clients in Pinellas, Manatee and Hillsborough County.
Van Nuys Assault Attorney
Simple and aggravated assault carry stiffer penalties if the victim is over 65. In addition to imprisonment, penalties include minimum fines and imprisonment, restitution and community service for:
Florida law states that battery crimes must be prosecuted within 2 years of the crime. However, there is no limit if the crime involved sexual assault or the death of the victim, or if the identity of the perpetrator of aggravated battery is established through DNA evidence.
As with an assault charge, prosecution must begin within 1 year of the offense while it is an aggravated assault.
In general, juvenile crimes in Florida are not prosecuted as harshly as adult crimes. However, if deemed necessary, a minor can be charged with assault and battery and face the same penalties as an adult.
First Time Assault And Battery Charge In Texas
Determining whether a juvenile should be treated as an adult in court depends on several factors. If you want more specific information about your child's case, you should consider speaking with a criminal defense attorney for a case evaluation.
With assault and battery charges, your freedom, future and reputation are on the line. To get a favorable outcome, you should seek the help of a criminal lawyer who is experienced in handling this type of case.
Goldman Wetzel is a criminal defense law firm that represents clients facing assault and battery charges in the Tampa Bay area, including Pinellas, Hillsborough, Manatee and Sarasota counties, as well as surrounding areas.
If you or a loved one is facing criminal charges for assault and battery in Florida, there are various legal avenues you can pursue. Get Goldman Wetzel criminal defense attorneys on your side and fight for your rights. Schedule a free consultation by sending us a message or calling us directly at (727) 828-3900. Assault is defined as intentionally or recklessly causing injury to a person and is charged as simple assault, ABH or GBH depending on the severity. It depends on many specifics, such as the precipitating factors and the level of injury – a simple assault causes minor injuries or short-term discomfort, while GBH is seriously harmful to long-term health. The maximum sentence for ABH is three years in prison, while the maximum sentence for GBH can be life imprisonment.
Third Degree Assault To 1st Degree Assault Domestic Violence
Assault is a complex area of law. Lawtons' lawyer Nick Tichener breaks down the categories the crime can fall into. Every assault case is different and the outcome depends on many factors, including:
It is up to a team of police and prosecutors to interpret the details and make a preliminary assessment of the seriousness of the case and what type of attack may have occurred. The level of harm is the primary distinction in determining at what level a crime can be charged.
The usual definition of assault in the UK is to intentionally or recklessly harm another person. Assault is generally referred to as a crime against the person. Harm includes both physical and psychological harm, including making someone fear for their safety.
Different types of assault – such as GBH, ABH, common assault or battery – each represent a different severity, with different levels of injury.
Flavor Flav Arrested On Assault, Battery Charges
Causing serious physical harm to another person is the most serious form of assault. The offense of GBH can be committed in two ways:
GBH, whether contrary to s.18 or s.20 OAPA, is the most serious because in most cases the victim of GBH will suffer serious, sometimes life-changing, injuries. They can also leave lasting bruises or scars.
If the violence involves a weapon or equivalent
Second degree assault washington state, 2nd degree assault sentence, 2nd degree aggravated assault, 2nd degree assault mn, 2nd degree assault, 2nd degree assault definition, 3rd degree assault washington state, 4th degree assault washington state, 2nd degree felony assault, 4th degree assault washington, what is assault 2nd degree, 2nd degree assault charges
