Assault and battery is one of the most common violent criminal offenses across the Unites States. It involved threatening harm or actually causing harm to another individual. While the two terms are often mentioned together, in the state of Florida and many others in the union, assault and battery are defined as two separate, distinct crimes. With over 20 years of experience, attorney Steven Veinger, Esq. can provide you the quality legal assistance you need to deal with your criminal case. To keep you in the best legal standing possible, it is important to understand these charges – the following information will help you to be more familiar with assault and battery charges in the state of Florida.
Criminal Assault in the state of Florida
While assault and battery are often combined into one charge in many states, the state of Florida characterizes them as separate, somewhat similar charges. The criminal charge of assault refers to a threat of harm that can lead to the victim to fear impending harm. This type of criminal charge does not reference any actual physician contact between the victim and the alleged offender.
In order to prove assault charges, a criminal prosecutor must show two separate points, 1) that the defendant intended to threaten the victim, in an effort to either follow through on their threats or cause the victim to fear for their safety. And 2) that the defendant demonstrated the threat through some words, gestures, or acts of intimidation. Essentially proving that the defendant had the ability to and did carry out the threat, while the victim was fearful of imminent harm.
Classifications of Assault & Penalties
The different types of assault and the sentencing requirements, include:
- Simple Assault: A 2nd degree misdemeanor, resulting in a sentence of up to 60 days in jail and a fine up to $500.
- Aggravated Assault: A 3rd degree felony, resulting in a sentence of up to 5 years and a fine of up to $5,000.
Criminal Battery in the state of Florida
While an assault charge indicates that no contact was actually made, a battery charge however, is when the alleged offender makes contact with the victim. In order to prove a battery case, a prosecutor must exhibit that the defendant intentionally struck or made contact with the victim, against the victim’s will and without their consent. In the event the defendant has a prior conviction for batter, the prosecution may seek that they be charged with felony battery. Also, if the defendant used a deadly weapon or intended on causing serious, bodily injury to the victim, it can be charged as aggravated battery.
Classifications of Battery & Penalties
- Simple Battery: 1st degree misdemeanor, resulting in a sentence of up to 1 year, and a fine of up to $1,000.
- Felony Battery: 3rd degree felony, resulting in a sentence of up to 5 years, and a fine of up to $5,000.
- Aggravated Battery: 2nd degree felony, resulting in a sentence of up to 15 years, and a fine of up to $10,000.
Get the Legal Help You Need Today!
If you’ve been charged with an assault or battery charge, depending on the specifics you may me facing enormous fines and even jail, as well as having to live life with a tarnished record. With the help of a skilled criminal attorney like Steven Veinger, Esq. you will get the best legal advice possible, as well as an advocate to fight day and night for your freedom! He has helped countless clients earn their freedom and overcome some of the most insurmountable odds. Let Mr. Veinger fight on your behalf today and help you to achieve the best outcome and put this trying time behind you now.
For more information or to schedule a free legal consultation, contact the Law Offices of Steven Veinger, Esq. at (305) 682-0401.