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An Overview Of Florida Assault And Battery Charges – Bayside Office Space For Rent Atlanta

As its name suggests, in Florida, aggravated assault and aggravated battery are severe forms of assault and battery. Student hitting another with a heavy object over the head resulting in serious injury. 28; - Felony Battery, Florida Statute 784. Battery Charges in Florida. It is important to have an experienced attorney on your side as early as possible in the process.

Felony Battery Charges In Florida

We ask that you consider our South Florida Criminal Defense Attorneys. Additionally, when someone enters another's vehicle or home, the presumption is that person intended to use violence or force to commit an unlawful act. Defendant intentionally caused bodily harm to the victim. Contact our assault and battery lawyers to learn more about the possible avenues to fight your charges. Penalties for Assault & Battery in Florida. A person may also be charged with aggravated battery if the alleged victim was pregnant at the time of the alleged offense. If you are facing battery charges, there is no doubt that you are feeling overwhelmed and that you are nervous about your future. 03(1)(a), battery occurs when a person "actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person. " You have a right to use or threaten to use deadly force if you reasonably believe you need to use deadly force to protect yourself or another from imminent death, great bodily harm, or harm caused by a forcible felony. Defending Against Aggravated Assault Charges. Depositions in a criminal case is where the defense attorney questions the witnesses, under oath, in the presence of the state attorney. Your Case Deserves Immediate Attention - Call Hubbs Law Today. What if I didn't know the victim was 65 years of age or older? In Florida a simple battery is classified as a first-degree misdemeanor, If convicted of Assault, a judge can sentence on Battery to: - Up to 364 days in jail.

How To Beat A Battery Charge In Florida Today

In Florida, assault and battery offenses are classified as misdemeanors. The lack of knowledge that the person was over 65 years of age is not a defense. The Importance of an Experienced Criminal Defense Attorney. The following are the legal definitions according to Florida criminal laws. He is a criminal defense attorney who is committed to protecting the rights of the accused and understands all of the available defense Battery Charges in Florida. If you face this charge, you should contact Tampa battery defense lawyer Will Hanlon at Hanlon Law.

Simple Battery Charge In Florida

We can help work through your options, and handle the courts to make sure you are treated fairly, and your case is dispatched and goes away as quickly and painlessly as possible. 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. 2d 1149 (Fla. 2d DCA 2001). The best defense strategy for your case is unique to the facts of your case. If you have been charged with battery, you don't have to face it alone; a Miami criminal defense attorney from our firm will have your best interest at heart and will work toward an outcome that will be favorable for you. There are also additional penalties for aggravated battery when the offense includes the possession or discharge of a firearm. In Florida, simple battery is charged as a first-degree misdemeanor while aggravated assault is classified as a third-degree felony.

Battery Charge In Florida

Machine gun or semiautomatic weapon possession: 15 years of imprisonment. Aggravated assault is a third-degree felony resulting in a maximum of five years in prison and up to a $5, 000 fine. When they do this, they are essentially robbing the prosecutor of very important facts. Note: Under F. 04(1), attempting to commit an aggravated battery but failing or being prevented from carrying out the aggravated battery is punishable as a third-degree felony whether the battery was carried out, a lesser but nevertheless serious charge. Proving Aggravated Battery. When facing assault, battery, or other misdemeanor, or felony charges, hiring experienced battery charge defense attorneys may provide you the best opportunity to achieve your desired outcome, or a fair and reasonable resolution. A battery could be a punch in the nose, or it could be knocking a serving tray out of a waiter's arms. This means that if found guilty, the defendant will face up to 5 years of prison and a maximum fine of $5, 000. Note: Battery is a "Violent Incident" and is required to be reported in the related element "Injury-Related" as more serious injury. Call the experienced Jacksonville criminal defense lawyer of LGL today to discuss your criminal case. Hubbs Law Firm represents clients in Miami, Miami Beach, Coral Gables, Hialeah, Miami Gardens, North Miami, South Miami, Homestead, Palmetto Bay and anywhere else in the county.

How To Beat A Domestic Battery Charge

View more contact information here: Miami Criminal Defense Lawyer. This issue frequently arises in cases where two people engage in a fight, or "mutual combat. " Will I definitely get the minimum mandatory sentence for an Aggravated Assault or Aggravated Battery on a Person 65 Years of Age or Older if I'm found guilty? The threat can be verbal, an act, or a combination of speech and action. Schedule a free consultation by sending us a message or call us directly at (727) 828-3900. This is not always the case because the State of Florida is bringing the charge, not the victim. Aggravated Battery: From a Second Degree Felony to a First Degree Felony. An example of a possible juvenile assault case would be a minor under the age of 18 telling another person that they were going to kill them or hurt them out on anger while they had appeared to have had the ability to act upon the threat. Aggravated assault charges are extremely serious. Call us for a consultation at (850) 503-2626 today to discuss your case and learn more about your legal options.

How To Beat A Battery Charge In Florida Gulf Coast

Both offenses imply some violence, but the distinction between these crimes lies in the severity and form of violence involved. The act of battery does not have to inflict an injury to be a crime. 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. 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. However, because an assault often precedes a battery, people are often charged with both. Board certification is one of the highest accolades bestowed by the Bar, and it indicates competency and experience within an area of law and professionalism and ethics in practice. Florida Supreme Court Standard Jury Instructions for Criminal Cases 8. Commits battery upon a person who the defendant knew or should have known was pregnant. The criminal history of the "victim".

For example if a student hit another on the arm once and the student was not hurt, the action would not meet the SESIR definition of aggravated battery. The prosecution must prove the case beyond a reasonable doubt. Oftentimes prosecutors may not know all the facts of the battery case; they sometimes lack the complete picture. Penalties include jail time and fines. An assault may be categorized as aggravated if you threw an object, even if you didn't come close to or intent to hit the other person. A conviction could send you to prison for up to five years or longer, depending on the circumstances of your case. Many aggressive prosecutors in Florida seek jail sentences or probation sentences for even first time battery offenders.

Note that this crime does not imply any sort of physical contact, but rather involves threats of violence that make the victim(s) fear for their safety. If you or a loved one has been arrested for or accused of. The crime of Battery is a First Degree Misdemeanor and if convicted of Battery, a judge can impose any combination of the following penalties: - Up to one (1) year in jail. We can help you take care of these and get your life back. A conditional threat communicates an intention to commit a violent crime at some unknown or unspecified time in the future. While not sanctioned as a legal defense, mutual combat is a theory that can be argued to a jury as a sub-category of the defense of consent. 011] is an act of hostility or aggression against another person, including a verbal or physical threat and is a second-degree misdemeanor. ) This crime is ranked as a level 7 under the Florida Criminal Punishment Code. Under this argument, you did not intend to cause injury to the person you are accused of assaulting. If the parent of the student hit insisted on pressing charges, the resource officer may have to arrest the offending student since his action meets the statutory definition of battery.

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