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Fort Myers Assault and Battery Lawyers

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 involves unwanted touching or actual physical harm, a person can be charged with assault for threatening a person in such a way that causes them to fear harm. Depending on the specific situation, one can be charged with assault or battery, or they could incur charges for both crimes simultaneously if the offense involved the combination of a threat and unwanted contact.

At Aiken & O’Halloran, our Fort Myers assault and battery attorneys have over 50 years of combined experience and know-how to build strategic cases to help our clients get optimal results. Our experienced criminal defense attorneys have already helped thousands of clients successfully litigate their cases, and we are prepared to offer you the same aggressive advocacy.

Contact (239) 603-6777 today to schedule a free consultation with our knowledgeable Fort Myers assault and battery lawyers. We also defend against charges of domestic violence in Fort Myers.

What are the Penalties for Assault and Battery in Florida?

Both assault and battery can be charged in varying degrees. The punishments of 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 charges carry hefty fines and years of imprisonment. Fortunately, there is a wide range of defenses that can be used to fight your charges, depending on the circumstances of your case.

Florida has maximum penalties for each type of assault and battery charges, which include:

  • Simple assault: Charged as a second-degree misdemeanor, which is punishable by up to 60 days in prison and a maximum fine of $500
  • Aggravated assault: Charged as a third-degree felony, which is punishable by up to five years in prison and a maximum fine of $5,000
  • Simple battery: Charged as a first-degree misdemeanor, which is punishable by up to one year in prison and a maximum fine of $1,000
  • Felony battery: Charged as a third-degree felony, which is punishable by up to five years in prison and a maximum fine or $5,000
  • Aggravated battery: Charged as a second-degree felony, which is punishable by up to 15 years in prison and a maximum fine of $10,000

Domestic Violence Charges in Florida

In Florida, assault and battery offenses that are carried out against a family or household member result in domestic violence charges.

A family or household member can 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 if a family

Individuals accused of a domestic violence crime could become subject to an injunction ordering that person to stay away from the alleged victim and his or her property. Once an injunction is imposed, a violation of the order will result in a misdemeanor in the first degree, which is punishable by up to one year in jail.

Anyone found guilty of domestic violence will be required to serve a minimum of one-year probation. During that time, the offender will need to attend a batterers’ intervention program, unless the court delineates explicitly why it believes such a program would not be appropriate.

Contact us today at (239) 603-6777 so that we can begin protecting your rights and working towards a favorable resolution of your case.

Why Hire Aiken & O'Halloran?

Here Are Six Reasons
  • Attorney Aiken is Former Federal Special Agent & Former Federal Prosecutor
  • Attorney O'Halloran is a Former State Prosecutor
  • Strategic & Effective Legal Representation
  • A Bilingual Team - Hablamos Español
  • Available 24/7 in Your Time of Need
  • Successfully Handled Thousands of Cases

The Opinions that Matter Most

Read What Previous Clients Had to Say
  • “Sean O'Halloran, by far one of Lee County's top defensive attorneys. He's detailed oriented on how he approaches cases. Very proficient in his professional career.”

    - Kelvin
  • “Straightforward with potential outcomes, fought strong to avoid having to go in front of the judge, and made helpful suggestions about the direction that would best serve me.”

    - Alison
  • “Sean O'Halloran helped me out with a very time-sensitive and thorny legal issue. Due to Sean's exceptional efforts and skill (and that of his associates and staff), he reached an extraordinary ...”

    - Angie
  • “We cannot say enough about how pleased we are with the representation afforded us by Mr. O'Halloran. He was always available to talk to us either in person or by phone.”

    - Doug
  • “I found myself in some serious trouble facing a felony that would have sent me to prison for a number of years. I went to Sean for help. He is very straightforward and will tell you like it is. He ...”

    - Brett