Volusia County Assault & Battery Lawyer
Charged? Call (386) 277-1166 for Representation.
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.
Difference Between Assault and 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.
What is the Difference Between Assault and 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 Is 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.
Types of Assault in Florida
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.
Defenses for Assault
Oftentimes, defendants claim that they were only joking, or had no intention of carrying out their alleged threats. Attorney Douglas Williams is ready to stand by your side in court and tell your side of the story. Were you only kidding when you alluded to a particular crime? Did you threaten a victim by accident? Did you display a lack of intent? Did you make your threats out of self-defense, defense of another, or defense of property? Let our team advocate for you today.
Charged with assault? Call (386) 277-1166 -- available 24/7 to speak with an experienced assault lawyer in DeLand at Williams Legal.
What Is Considered Battery?
Battery is the act of physically touching another person without their consent with the intent of causing physical harm according to Florida Statute Section 784.03, b. In Florida, battery charges are classified as simple battery, felony battery, and aggravated battery.
What is a Simple Battery Charge?
Simple battery is a first degree misdemeanor. It is causing bodily harm by touching or striking another person intentionally, without the targeted person's consent. This charge does not involve a weapon, domestic violence, or injury. An injury is not required -- intentionally touching someone against their will is sufficient.
Types of Charges and Penalties:
- Simple battery (or "misdemeanor battery"): One year in prison or probation and a fine up to $1,000. This charge is typically reserved for minor issues which cause little physical harm to the victim.
- Felony battery: These cases are more serious, and can result in up to 5 years in prison. Convicted parties may also need to pay a fine up to $5,000.
- Aggravated battery: The most serious charge for battery, this crime is considered a second degree felony. The accused may face up to 15 years in prison and a fine up to $10,000 if convicted.
Our DeLand Assault & Battery Lawyer Can Fight for You
If you have been charged with assault & battery, it's time to start exploring your defense strategy. Was the supposed crime an accident? Were you defending yourself from harm, or protecting another person? Were you preserving your property from robbery or damage? Did the victim consent to physical contact prior to the time of your action? Our team can help you investigate these matters and build your case.
For more information about the differences between assault and battery in Florida, call (386) 277-1166 to talk to a DeLand battery attorney today.