Assault and Battery Arrests and Defenses: Tampa Criminal Defense Lawyers
Contrary to popular belief, Assault and Battery mean different things under Florida law.
Assault: You can be charged with Assault if you intentionally threaten violence to another person, with an apparent ability to actually carry through with the threat, and that threat results in genuine fear in the victim that the violence was about to occur. If you have been charged with Assault in Hillsborough, Pinellas, or Sarasota County, call an experienced Tampa attorney at Maj Vasigh, PA now to start working on your defense, (813) 800-1111. Assault is actually very difficult to prove beyond a reasonable doubt. An experienced, confident trial attorney will quickly expose the State’s weakness and try to get your case dismissed sooner rather than later.
Simple Assault is a second degree misdemeanor, punishable by up to 60 days in Jail. However, if the alleged victim in the case is a Emergency Medical Provider or law enforcement officer, the case is enhanced to a first degree misdemeanor, punishable by up to 1 year in jail. Further, if the assault occurred with the use of a weapon, or during the commission of a felony, then the charge is enhanced to Aggravated Assault, a Felony of the Third Degree, punishable by up to 5 years in Florida State Prison. A common unfortunate consequence of this enhancement arises when a person is afraid of the original aggressor who is unarmed, and picks up a knife or bat, escalating the situation and causing the original aggressor to call law enforcement, resulting in the wrong person being charged with a very serious crime. An experienced Tampa Assault Attorney can take the necessary steps to gather evidence and tackle the prosecution’s case from the outset, resulting in your charges getting dismissed. If you’ve been charged with Assault, call (813) 800-1111 now to speak to an experienced trial attorney today.
Battery: Battery charges in Florida, specifically in Tampa, St. Petersburg, Brandon, Clearwater, and Sarasota, can be very serious. Depending on the facts of the case, you can be charged with simple Battery, Aggravated Battery, Aggravated Battery on a Pregnant Person, Domestic Violence, Domestic Violence Battery by Strangulation, or simple felony battery.
Generally a battery charge comes from a fight. To prove battery, the state must prove beyond a reasonable doubt that you intentionally struck another person against their will. This can be something as simple as a tap on the shoulder to as violent as a slug to the face with a bat. The difference between the severity of Battery charges lies in the amount of harm inflicted on the alleged victim and/or whether a weapon was used in the offense. Generally the defense to battery is self defense or the defense of another. Call an experienced Tampa Battery Attorney who can explain your rights and the defenses available anytime (813) 800-1111.
Mutual Combat: Mutual combat is a tricky area of the law that an experienced, aggressive attorney can use to your defense if you’ve been charged with battery in Hillsborough, Pinellas, Pasco, Polk, Sarasota, or Manatee County. Mutual combat basically occurs after a brawl or fight where both or all parties are equally culpable and without complaint. They both wanted to fight, so they did.