Assault and battery charges in Florida are extremely serious. If you have been arrested, you are right to be worried. Even at their lowest level, penalties can mean jail time and expensive fines. If aggravating factors elevate your charges to felonies, you could go to prison for years.
You’re in a difficult situation, but there is still hope. You have rights, and the burden is on the prosecution to prove you’ve done what they claim. Our Clermont assault and battery lawyers will advocate on your behalf and fight for the best possible outcome.
Bogin, Munns & Munns has been here to stand up for Floridians accused of criminal actions since 1979. If you’re in legal trouble, let us help with your case. Learn more about how our criminal defense lawyers in Clermont can help when you call for your consultation.
Assault and Battery in Florida
Assault and battery are distinct offenses, each with its own legal definition and penalties. Although they are separate crimes, they are often charged together when they arise from the same incident.
- Assault involves intentionally placing another person in reasonable fear of imminent harm, typically through a threat combined with the apparent ability to carry it out. Physical contact is not required.
- Battery involves intentional and non-consensual physical contact, such as pushing, slapping, or punching, or otherwise causing bodily harm.
Certain factors, like the use of a weapon or targeting a protected person, can make these crimes more serious and lead to harsher penalties. However, even a simple assault or battery can still result in jail time.
To consult with an experienced assault and battery lawyer serving Clermont
(855) 780-9986
How Our Team Can Help
When facing assault and battery charges, you’ll be up against a prosecutor with the full resources of the government behind them. You will need an advocate on your side who will fight on your behalf. Some things our Clermont assault and battery attorneys can do to help include:
- Help you understand the charges you are facing and why you were arrested.
- Discuss potential outcomes to your case so you are prepared
- Investigate the incident and evidence to understand how it happened.
- Review police procedures to make sure your rights were not violated during the investigation or arrest.
- Examine the prosecution’s evidence, and look for procedural violations in how it was collected.
- Seek to have any improperly obtained evidence removed from the case
- Negotiate with the prosecutors for reduced charges if possible.
- Assemble a strong, fact-based defense if you choose to fight your charges.
- Represent you in court and other legal proceedings while working toward an acquittal.
- Argue for sentencing leniency in the event you are convicted.
Penalties for Assault and Battery Charges
Chapter 784.03 of the Florida Statutes outlines the penalties for assault and battery offenses. The severity depends on the specific circumstances of the alleged conduct, the defendant’s prior criminal history, and the classification of the offense charged.
- In most cases, simple assault constitutes a second-degree misdemeanor, which may result in a jail term of up to 60 days and a fine not exceeding $500.
- Simple battery is ordinarily treated as a first-degree misdemeanor, exposing a defendant to up to one year of incarceration and a fine of up to $1,000.
The presence of aggravating factors, including the use of a deadly weapon, the infliction of serious bodily harm or lasting injury, or the involvement of a protected individual, like a police officer, may result in the offense being reclassified as a felony.
Clermont Assault and Battery Lawyer Near Me
(855) 780-9986
Defenses for Assault and Battery
Our assault and battery lawyers in Clermont will work to build the best possible defense given the facts of your case. While your defense will be unique to your charges, some of the potential options we may consider include:
- Self-Defense: You employed necessary, reasonable, and legal force to protect yourself or another person.
- False Accusation: You’ve been falsely accused, and the evidence does not support your involvement.
- Accidental Contact: Your actions were an accident. Because both assault and battery require intent, your charges are not appropriate.
- Consent: The other party consented to the altercation, for example, as part of a sport or physical contest.
If you choose to fight your charges, our team will build a defense that challenges the prosecution’s claims and seeks an acquittal.
Consult with Our Clermont Assault and Battery Attorneys
It is intimidating to be arrested for serious crimes like assault and battery, and it is easy to feel like your life is over. The crimes come with severe consequences if you are convicted, and the police and prosecution may make it seem like there is no way out.
The truth is, you have options, but you don’t want to take on the legal system on your own. Our Clermont assault and battery attorneys will investigate the incident, gather evidence of what really happened, and fight for the best possible outcome given the facts of your case.
For more than four decades, Bogin, Munns & Munns has protected the civil rights of people charged with criminal activity. With our firm, you’ll get no gimmicks, just results. Call today to schedule a consultation and discuss your assault and battery charges.
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