If you have been arrested on assault and battery charges in Florida, you are right to be concerned about your future. Depending on the severity of your charges, you could spend years in prison and owe thousands of dollars in fines and fees if you are convicted.
Even a simple assault conviction could mean jail time. With so much on the line, don’t try to handle your case on your own. Our Daytona Beach assault and battery lawyers can review your case, help you understand your charges, and seek the best possible resolution.
Since 1979, Bogin, Munns & Munns has stood up for Florida residents accused of criminal actions. If you’ve been arrested, let us help with your case. Call today to discuss your next steps and learn more about how our Daytona Beach criminal defense lawyers can help.
What Is Assault and Battery in Florida?
Most people have heard the term assault and battery, but not everyone understands what it means.
These are actually two separate criminal offenses that are often charged together because they arise from the same incident:
- Assault is an intentional threat to harm someone, combined with the apparent ability to do so, creating a fear of imminent violence. No actual physical contact is necessary for an assault charge.
- Battery involves intentional, unwanted physical contact with another person, such as punching, grabbing, or slapping, or intentionally causing bodily harm.
Both offenses may be charged as misdemeanors or felonies depending on factors such as the severity of the harm, whether a weapon was used, and the defendant’s criminal history. Aggravated forms carry significantly more severe penalties.
To consult with an experienced assault and battery lawyer serving Daytona Beach
(855) 780-9986
How Can an Attorney Help With Your Assault and Battery Charges?
Assault and battery is a serious charge with some hefty penalties. It’s always a good idea to consult with a criminal defense lawyer when you are arrested.
While each case is unique, some of the ways our Daytona Beach assault and battery attorneys may help include:
- Explain your charges so you fully understand why you’ve been arrested and what the police are claiming you’ve done
- Review your arrest and processing to make sure the police officers did not violate your civil rights
- Assess available evidence and seek to have it dismissed if it was not obtained according to protocol
- Negotiate with the prosecution for lesser charges when possible
- If you choose to fight, we’ll assemble the best defense we possibly can
- Advocate for you in the courtroom and in all legal proceedings
- Negotiate for alternative or reduced sentencing in the event you are convicted
In some cases, we may also handle appeals or fight to expunge or seal your criminal record to minimize the long-term impact of a conviction.
What Are the Penalties for Assault and Battery in Florida?
Punishments for assault and battery in Florida vary depending on the type of offense and the circumstances under which it was committed.
Chapter 784.03 of the Florida Statutes outlines the penalties for these crimes:
- Simple assault is typically a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
- Simple battery is usually a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
Aggravating factors, such as the use of a deadly weapon, causing serious bodily harm or permanent injury, or committing the offense against a protected individual, can elevate the charge to a felony. A conviction in these cases may result in significant prison time.
Daytona Beach Assault and Battery Lawyer Near Me
(855) 780-9986
What Are Potential Defenses When You Are Accused of Assault and Battery?
Our assault and battery lawyers in Daytona Beach will work to establish a strong defense if your case goes to trial.
While our strategy will depend on the facts of your case, some options we may consider include:
- Self-defense: You used reasonable force to protect yourself or others from imminent harm.
- Lack of intent: Both assault and battery require intentional conduct. If your actions were accidental, they may not meet the legal definition of the offense.
- Consent: The other party agreed to the actions, such as mutual physical contact in sports or similar activities.
- False accusations: Inconsistencies in the evidence or the witness’s statement call the alleged victim’s story into question.
Get Help From Our Daytona Beach Assault and Battery Attorneys
It’s normal to feel a little helpless when you are facing serious criminal charges like assault and battery, especially if you believe you haven’t been treated fairly by the police. You have the right to tell your side of the story in court and fight to clear your charges.
You’ll be facing the full force of the criminal justice system, and it’s smart to get legal help. Our Daytona Beach assault and battery attorneys will make sure the prosecution remembers that you are innocent until they prove otherwise. We will work for the best possible outcome.
Bogin, Munns & Munns has served Floridians for more than 40 years. When you are facing serious, life-altering criminal charges, we are the firm you want on your side. Call today to schedule a consultation where you can tell us about your assault and battery accusations.
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