Our Florida assault and battery defense lawyers battle hard in the courtroom against prosecutors whose sole mission is to secure a conviction instead of making sure justice was done. A conditional threat communicates an intention to commit a violent crime at some unknown or unspecified time in the future. 03 is taken very seriously. The prosecution may not tell you that they know their case is weak. You did not intend to make content with the victim or cause harm. According to Florida statute 776. 3d 828, 831 (Fla. Florida domestic battery charge. 4th DCA 2013) (citing S. D. State, 882 So. Also, police officers deal with a lot of battery cases and can forget what happened in a particular case. This means that if found guilty, the defendant will face up to 5 years of prison and a maximum fine of $5, 000. Additionally, Florida reclassifies certain battery crimes depending on the status of the victim. A person is legally permitted to defend himself or herself by using a reasonable amount of force against another person in order to prevent injury or to stop an imminent threat. An intermediate charge is felony battery, which occurs if the defendant commits a battery which unintentionally causes great bodily harm. Under Florida law, an assault is committed when a person intentionally and unlawfully threatens by either word, actions, or both, an act of violence to another person while having the immediate ability to do so.
Defense for Battery Charges. Battery occurs when someone: - Intentionally causes another person bodily harm; or. Given that it implies the use of a deadly weapon, aggravated assault carries more severe penalties than a simple battery offense. It's one of the most common defenses used in assault and battery cases but could be challenging to prove. And if we need to fight, we will fight with everything we have. 4 define aggravated battery as: - Battery committed while using a deadly weapon; or. We have the expertise and practical experience to successfully navigate both levels of court and create the best possible end result for our clients. There are 4 enhanced forms of assault and battery when the victim is 65 years of age or older: - Assault on a Person 65 Years of Age or Older. How to Beat Aggravated Assault in Florida. We can help you take care of these and get your life back. If you have even one prior conviction for battery, aggravated battery, or felony battery on your record, and you commit another battery, you can be penalized for a third-degree felony. He or she can sometimes influence the decision by requesting that the charges be dropped or by refusing to testify, but this, in and of itself, does not ensure that the case will in fact be dropped.
If you are not a U. citizen, any type of battery conviction may result in your removal from the United States. Aggravated Battery on an Elderly Person What the State has to Prove for You to be Convicted of Aggravated Battery on an Elderly Person. Assault on a Person 65 Years of Age or Older, Battery on a Person 65 Years of Age or Older, Aggravated Assault on a Person 65 Years of Age or Older, or. The attorneys at Soler & Simon have represented hundreds of people accused of misdemeanor and felony battery. Aggravated assault is an assault committed by threatening another or brandishing a deadly weapon when the person has no intent to kill or to commit another felony. Aggravated Battery in Florida: What You Need to Know. On the flip side, a person charged with aggravated battery on a pregnant person can have their charge "down-filed" to the less serious charge of simple battery. Call (352) 503-4111, email, or complete our online information form. We are Assault or Battery on a person over 65 years of age attorneys located in West Palm Beach. Violation of an Injunction (Restraining Order). Intentionally causes bodily harm to another person. There are two elements to proving aggravated battery in Florida. Intent is an essential element of a battery.
The more life-threatening baseball bat turns the simple battery into an aggravated battery. Overall, in Florida, juvenile crimes are not as harshly prosecuted as adult crimes. 011 defines the crime of assault as an intentional threat to commit a violent act against another person. An Aggravated Assault is "is an assault with a deadly weapon without intent to kill; or with an intent to commit a felony". If you, your child, or the child of someone you know was recently charged with assault and/or battery, call our lawyers at The Ansara Law Firm at (954) 761-4011 immediately for a free consultation to protect the child from facing the full brunt of Florida's justice system. Punishment for battery in florida. Victim Cooperation / Consent.
This is why it is important for you to contact a lawyer at the Law Office of Roger P. Foley, P. A. who can help you understand all the possible defenses that are available. If you've been arrested for Assault, Battery, Aggravated Assault, orAggravated Battery, you are facing serious criminal charges with substantial penalties and possible jail time if you are convicted. Battery, Simple Battery, Misdemeanor Battery in Florida. How long should we drag the case out for? A Battery arrest or charge on your record can potentially be a very damaging thing to your personal life, career and reputation. 011 of the Florida Statutes describes the crime of assault consistently with the English common law meaning. The crime of assault can carry a stiffer sentence depending on the victim. We can review your case to determine what we could do to help. For you to be convicted of aggravated assault on an elderly person, the state must prove: - You intentionally and illegally threatened (by word or action) to cause physical harm; - You looked like you had the capability of committing the threat; - The threat produced in the victim reasonable fear that the defendant would cause physical harm; - Either: - Your assault was with a deadly weapon; or.
Contact us to find out what we can do for you. Aggravated battery is different from aggravated assault in that a charge of assault does not require that the defendant acted with an intention to injure the other person but that the intention was to cause the victim to fear an immediate attack. Your attorney needs to have knowledge and experience but also needs to know the players. How to beat a battery charge in florida today. I'm so grateful to you so much for helping me. We are on your side.
The maximum penalty in Florida for a conviction of aggravated assault is a five-year state prison sentence for a third-degree felony. Therefore, if the depositions go poorly for the prosecutor, the prosecutor may agree to completely drop the case or offer the defendant a much better deal. People get into fights for many different reasons. In Florida, assault and battery offenses are classified as misdemeanors. What is assault in Florida? Self-defense requires a showing of an immediate threat. Essentially, the theory goes, if two people mutually engage in a fight (usually a bar brawl) neither person should be able to complain of the ensuing contact. Get the Goldman Wetzel criminal defense attorneys on your side and fight for your rights. A conviction for a second-degree felony carries up to 15 years in prison. The common defenses are the same for any assault or battery charge. An aggressive defense can provide the advantage you need to defend against Florida assault and battery charges successfully.
You reasonably believed you were in imminent danger. The facts of the situation are crucial in determining if the crime of assault happened. If there are no aggravating factors, a person will most likely be charged with simple battery, a first degree misdemeanor punishable by up to 1 year in prison, and a fine of up to $1, 000. One strategy is the "conditional threat defense. " First, the prosecution must prove that the defendant intentionally inflicted bodily harm to the alleged victim or struck or touched the alleged victim against her or his will.
A battery conviction can only be accomplished if the prosecution can prove the act of battery was intentional, or inflicting physical harm on another was foreseeable by the accused. In fact, where the allegation is that the touching was against the alleged victim's will, the existence or extent of injury becomes irrelevant. Domestic Violence is defined by Florida Statute 741. When most people think of battery they picture punching and kicking resulting in bruising, bleeding, and broken bones. Instead, the prosecution is only obligated to prove that the victim was in fear of an imminent attack. You knowingly caused serious bodily injury, disfigurement or a permanent disability to the person who pressed charges against you. To commit the crime of misdemeanor battery, an accused does not have to injure the alleged victim. The victim does not have a duty to retreat before threatening or using force against someone else in this situation. He has tried hundreds of cases over his career, including aggravated battery, DUI, drug offenses, and others. Preparing a good defense means spending time with the client, not only talking about what happened that led to the arrest, but also learning general information about the client (such as hardships they have endured in life) that can be used later in negotiations with the prosecutor.
We will create a legal strategy to protect your rights and try to achieve your desired outcome. Keep in mind that the victim of an assault has to experience a reasonable fear. As you can see, a battery can occur from something minor, such as grabbing another person's arm; or a battery could also occur by throwing something that strikes another person.
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