If you have been charged with assault, you can encounter some serious consequences in Florida. Some of these punishments include jail time and fines. You want to have experienced legal representation on your side. Make sure to reach out to a Daytona Beach criminal defense lawyer to take the next legal steps.
According to Florida Statute 784.011, assault is defined as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such another person that such violence is imminent.”
You don’t have to make physical contact with the victim for an assault charge. The individual only needs to feel that there was a threat of a violent attack.
These requirements for an assault charge include:
When you are charged with assault in Florida, the crime could be categorized as simple or aggravated assault. There are separate penalties and outcomes for these offenses.
Simple assault is a physical attack on a person without the use of weapons. In most cases, the injuries to the victim are minor. However, if the victim suffers internal injuries, broken bones, or unconsciousness, the charges are elevated. Simple assault charges are considered second-degree misdemeanors. The penalties include 60 days of imprisonment and a fine of $500.
Felony assault is also called aggravated assault. If the offender assaults a victim during the commission of a felony, the charge rises to aggravated assault. When the offender uses a weapon on the victim and inflicts serious physical injuries, then simple assault is elevated to this level. Some of the victim’s injuries could include broken bones, lost teeth, or internal damages. This charge is considered a third-degree felony. If you are convicted, you face five years in prison and a $5000 fine.
The terms “assault” and “battery” are used for any crimes with physical violence. However, there is a legal separation between these crimes. Under Florida Statute 784.03, the law defines battery as “actually and intentionally touching or striking another person against the will of the other; or intentionally causing bodily harm to another person.”
A battery charge must meet the following criteria in court:
Depending on the injuries to the victim, you could face an assault or battery charge. Simple battery is a misdemeanor crime. You could face up to a $1,000 fine and one year in jail. Anyone with a prior history of battery will see those charges raised to felony battery with a subsequent arrest.
Felony battery is defined as “unwanted, physical contact in such a way that causes great bodily harm.” It is a third-degree offense that is punishable by five years in prison.
Like aggravated assault, battery charges can be elevated if certain conditions have been met. If a deadly weapon was used, or there was a threat of force by a deadly weapon, you can face aggravated battery charges. In Florida, a conviction of aggravated battery includes a 15-year prison sentence.
There would be enhanced penalties if the victim acted in an official capacity as:
If the victim was 65 years or older, then you could face additional criminal charges.
Florida has a broad definition of domestic violence. If any crime includes assault and battery, a domestic violence charge could be considered if the victim was a household member or spouse. A victim is deemed a “household member” if they are:
Assault and battery penalties are increased when domestic violence charges are added to the offense.
Self-defense is a commonly used defense for these offenses. Your criminal defense lawyer must prove that:
All these activities must fall under the conditions of reasonable action. When you contact a Daytona Beach criminal defense lawyer, you can discuss your case. With a case review, you will be able to craft the proper defense to fight these charges.
Assault and battery are serious offenses in the state. Depending on the circumstances, you could face jail time or pay a significant fine. In addition to that, you will have a criminal record. You cannot afford to fight these charges by yourself.
Darryl Smith is here to assist if you have been accused of assault or battery in Daytona Beach. He has the experience to defend your case. When your freedom is at risk, you want someone who understands Florida’s criminal justice system. He has a proven track record as a Daytona criminal defense attorney. Call Darryl Smith’s office to schedule a discussion of your case.