Put Our Assault And Battery Defense Lawyers On Your Side Today
At Aiken & O’Halloran, our Fort Myers assault and battery attorneys have more than 50 years of combined experience. We know how to build a strategic defense against assault and battery charges, so our clients get optimal results. Our experienced criminal defense attorneys have helped thousands of clients successfully resolve their cases, and we are prepared to offer you the same aggressive advocacy.
For a free initial consultation, please call us in Fort Myers at 239-666-6035 or complete our contact form. We represent clients throughout Fort Myers and the surrounding areas.
What Is The Difference Between Assault And Battery In Florida?
Despite often being used together, assault and battery are two distinct crimes in Florida. While battery may involve unwanted touching or actual physical harm, assault does not necessarily involve physical contact. For example, a person could be charged with assault for threatening a person in such a way that causes that person to fear harm. Depending on the specific situation, a person could be charged with assault or battery, or a person could be charged with both. Assault and battery charges are often filed by prosecutors in connection with alleged domestic violence incidents.
What Are The Penalties For Assault And Battery In Florida?
Both assault and battery can be charged in varying degrees. The penalties for an assault or battery conviction depend on the particular charge that the prosecution brings against the defendant. Each degree of offense has a sentence requirement that is established by state law.
In Florida, assault and battery convictions can carry significant fines and jail time. Fortunately, depending on the circumstances, it may be possible to get assault and battery charges reduced or dismissed. In some cases, if our law firm is able to get involved early in the case, it is possible to prevent charges from even being filed. Still, you should always take assault and battery charges seriously and contact as soon as possible if you have been charged or believe you could be charged.
Florida has established maximum penalties for each type of assault and battery charge:
- Simple assault: Charged as a second-degree misdemeanor, which is punishable by up to 60 days of incarceration and a maximum fine of $500
- Aggravated assault: Charged as a third-degree felony, which is punishable by up to five years of incarceration and a maximum fine of $5,000
- Simple battery: Charged as a first-degree misdemeanor, which is punishable by up to one year of incarceration and a maximum fine of $1,000
- Felony battery: Charged as a third-degree felony, which is punishable by up to five years of incarceration and a maximum fine or $5,000
- Aggravated battery: Charged as a second-degree felony, which is punishable by up to 15 years of incarceration and a maximum fine of $10,000
Understanding Domestic Violence Charges In Florida
In Florida, assault and battery offenses that are carried out against a family member or household member can result in domestic violence charges.
A family or household members may refer to:
- Current or former spouses
- Parents who have had a child together
- Individuals who are related by blood or marriage
- Those who formerly or currently reside together as a family
Individuals accused of domestic violence could be subject to an injunction ordering that person to stay away from the alleged victim. Once an injunction is imposed, a violation of the order could result in a first-degree misdemeanor charge, punishable by up to one year in jail.
Anyone found guilty of domestic violence will be required to serve a minimum of one year of probation. During that time, the person may be required to attend a batterers’ intervention program, unless the court indicates explicitly why it believes such a program would not be appropriate.
The criminal defense attorneys at Aiken & O’Halloran are here to fight for you and protect your rights and freedom. We have handled thousands of cases for satisfied clients. Put us on your side today.
Contact Us For A Free Initial Consultation
For a free consultation, please call Aiken & O’Halloran at 239-666-6035 or complete our contact form. Our criminal defense attorneys represent clients throughout Fort Myers and the surrounding areas.