Assault & Battery

DeLand Assault & Battery Defense Attorney

Defending Assault & Battery Charges in Florida

Assault and battery are often referred to in the same case, but are actually two different offenses. Both of these crimes are serious and can result in excessive fines and jail time. If you have been accused of assault or battery, Williams Legal is here to help. We are available 24/7 to discuss your case and will do our best to represent your side of the story in court.

Distinction Between Assault & Fighting

Assault is when a person intentionally causes another individual to fear that they are about to suffer physical harm. A fight can become assault if one party ends initial hostilities and then another party restarts physical conflict with another. By initiating the conflict again, it represents the intent to harm the other party, and may count as assault and battery.

Contact us online or call (386) 277-1166 to confidentially discuss your case with a DeLand assault attorney during a free initial consultation.

Differences Between Assault & Battery in Florida

In Florida criminal law, assault and battery are two separate offenses with distinct elements.

Assault is the act of intentionally threatening another person with violence or engaging in conduct that creates a reasonable fear of imminent harm. This can include actions such as brandishing a weapon, making verbal threats, or taking steps towards physically harming someone.

Battery, on the other hand, is the actual physical contact with another person without their consent. This can include striking another person or any other form of physical contact that causes harm or injury to the victim.

A case may be either assault, battery, or assault AND battery, depending on what takes place. If you are facing accusations, let a criminal defense lawyer in DeLand defend you right away!

What Constitutes Assault?

Assault focuses on a threat of harm aimed at an individual or group. Florida Statute Section 784.011 discusses the penal codes related to this crime.

According to these statutes, there are two different types of assault:

  • Simple assault: This crime is considered a second degree misdemeanor. Punishments can include imprisonment up to 60 days and a fine up to $500.
  • Aggravated assault: This offense is treated as a third degree felony. Penalties may include up to 5 years in prison and a fine not exceeding $5,000.

In assault cases, the prosecution must prove beyond a reasonable doubt that the defendant demonstrated a viable threat. He or she may have done this through actions, words, or gestures. The prosecution must also evidence that the accused had the means to carry out the act and that the victim experienced real fear.

Strategies for Assault Defense

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