Assault & Battery
Our Assault & Battery Experience
We have been very successful in defending aggravated battery, felony battery, and misdemeanor battery at trial. We have received acquittals after trial in all three categories. We have also received acquittals in all aggravated assault charges that have been taken to trial by this office.
We also have been successful in having charges reduced from an aggravated assault with a firearm requiring a three year minimum mandatory sentence to an improper exhibition of a firearm, an reducing a felony battery to a misdemeanor battery.
In all criminal cases, the fact that you are arrested for a certain offense does not mean the prosecutor has to charge you with that same offense or charge you with any offense. Early intervention before the State Attorney’s Office has completed its investigation can lead to the dismissal of your case or a reduction in the charge.
Definition of Battery
Battery in the state of Florida is defined as intentional touching against someone’s will. That includes something as minor as spitting on someone, or some other touching that does not result in any injury.
Misdemeanor or Felony Battery
There is misdemeanor battery and felony battery depending on the injury of the alleged victim or the prior record of the accused. The severity of the classifications of felony battery also depends on the extent of the injury involved and the accused’s prior record.
Aggravated battery is a battery offense that is taken seriously in the state of Florida, scoring mandatory prison, and is defined as either serious injury (i.e. permanent scaring) or using a deadly weapon.
Assault is the intent to commit a battery, where the battery does not occur. The classic example is trying to strike someone and that person manages to jump out of the way.
An aggravated assault would involve the use of a weapon. An aggravated assault with a firearm could be waving or pointing a handgun at someone. A conviction for an aggravated assault with a firearm would mandate a three year minimum mandatory sentence, unless the individual qualified for a youthful offender departure.
You do not need to discharge a weapon for it to qualify as an aggravated assault. Simply pointing the gun at someone can qualify as an aggravated assault.