In a situation where you feel angry or threatened, it is easy to make an impulsive decision that you could potentially regret later. You could have also been wrongfully accused or act merely to protect yourself. If you have been charged a with assault or battery, it’s imperative that you immediately contact KLG’s assault and battery lawyers to help you defend your rights. Although assault and battery are often used interchangeably in everyday conversation, the two have very distinct differences according to Florida law and are both very serious offenses that require legal defense.
What are the Differences Between Assault and Battery?
Assault and battery are often confused, but the main difference in the State of Florida is that an assault is a threat while battery involves actually touching the other person and usually with force. Listed below are the full definitions of the different types of assault and battery that are recognized in the state of Florida.
Assault is defined as the threat to cause physical harm to another person and the ability to carry it out. To be convicted of assault, you must also appear to have the ability to carry out the threat. Assault often happens without forethought, for example, assault often happens after a normal conversation turns into a heated argument.
Aggravated Assault occurs when the threat involves the use of a deadly weapon without the intent to kill.
Battery is defined as actually or intentionally touching or striking another person against their will or intentionally causing bodily harm. The most common types of battery are hitting, pushing, striking, punching, slapping and kicking another person.
Aggravated Battery occurs when great bodily harm or permanent disability or disfigurement happens, a deadly weapon is used, or if the offender knew the victim of battery was pregnant or should have known there was a possibility of pregnancy.
Common Assault and Battery Defenses
When being accused of assault or battery, it is important to work closely with a skilled lawyer in order to assemble your defense. When feeling threatened or angry, it’s easy to get caught up in the heat of the moment and make a decision that can lead to serious consequences. Some common defenses for assault and battery include:
Self-Defense – A person may use any degree of force reasonably necessary to protect them. You cannot claim self-defense if you initiated the fight unless the other person responded with a greater, unforeseeable degree of force or if you retreated and you were pursued. Under certain circumstances, Florida’s “Stand Your Ground Laws” does not require that you retreat first before acting in self-defense.
Defense of Others – If you were aiding another person in distress, you may have a case of defense of others, as long as the defender is free from fault.
Defense of Property – You may use reasonable force to protect your property, especially if that property is your home.
Consequences of Assault and Battery Convictions
Violent crimes are among the offenses with the most severe consequences in the state of Florida. The circumstances surrounding the charge will greatly affect what kind of punishment you might face. Here are just some of the possible consequences:
|Offense||Classification||Jail Time||Fines & Penalties|
|Assault||2nd Degree Misdemeanor||Up to 60 Days||Up to $500|
|Aggravated Assault||3rd Degree Felony||Up to 5 Years||Up to $5,000|
|Battery||1st Degree Misdemeanor||Up to 1 Years||Up to $1,000|
|Aggravated Battery||2nd Degree Felony||Up to 15 Years||Up to $10,000|
Contact our St Petersburg Assault Attorney & Tampa Battery Lawyers
At the Khonsari Law Group, we understand that assault and battery accusations are often over exaggerated with little relevance to the facts of the case. If you or someone you know has been charged with an assault or battery case, call us today to set up your free initial consultation and our knowledgeable attorneys will assess the facts of your case to properly uphold your rights. At KLG, our number one goal is to clear your name, and we will fight relentlessly for the best results possible for your case.