West Palm Beach Assault & Battery Lawyer
A chance altercation or a perceived slight can too often escalate. When a fight does break out, it can result in serious injuries and criminal charges for the parties involved. Even if you were simply defending yourself, you could end up facing criminal penalties which include heavy fines, court costs, and a potential jail sentence.
At Scott Berry Law, P.A. our criminal defense lawyers defend you when these types of incidents occur. We provide the experienced, trusted legal representation you need to help avoid a conviction. Nobody wants to live with an arrest warrant hanging over their heads, or to go through the humiliation and loss of freedom caused by incarceration. Rather than facing prosecutors and law enforcement officials on your own and standing by yourself before a judge and jury, get our West Palm Beach assault & battery lawyers on your side, acting as a strong legal advocate in your case.
Get the Strong Legal Representation You Need Against Assault and Battery In Florida
Assault and battery are separate crimes and carry separate penalties. A person can be charged with assault when they threaten to harm another person and appear to be able to carry out that threat. A battery occurs where one person actually touches or strikes another person. It is not necessary to cause harm to the other person for a battery to occur; rather the simple act of intentionally touching another person against their will can suffice. Domestic battery occurs where the people involved are related (by blood or marriage), have children in common, live together as a family or have lived together as a family in the past.
Assault is a second degree misdemeanor and carries a maximum sentence of 60 days in jail or 6 months of probation. Battery is a first degree misdemeanor and carries a maximum sentence of 1 year in the county jail.
The crimes of assault and battery can become more serious depending on the exact circumstances of each case. For instance, when an assault or battery is committed with a deadly weapon or when the victim is a police officer, pregnant or over 65 years of age, the crime becomes a felony and a prison sentence may be imposed. A previous conviction for battery can also enhance the severity of the crime. To avoid these penalties, contact our West Palm Beach assault & battery lawyers today. At Scott Berry Law, P.A., we have the legal knowledge, skill, and expertise you need to defend your freedom in these situations. Our legal team will work together to determine the best legal defense strategy in your case. We can take the following steps to protect you and to prevent the possibility of a criminal conviction:
- Appear on your behalf at arraignment and bond hearings;
- Dispute evidence collected by arresting officers and prosecuting attorneys with the goal of having your charges dropped or reduced;
- Gather evidence in your defense, such as witness testimony, character statements, and videotape recordings;
- Make compelling legal arguments in front of a judge or jury, such as showing that you were defending yourself, your family members, or your property;
- File the appropriate documents to appeal your case and overturn any convictions.
Florida Assault and Battery Statutes
Assault and battery charges are nothing to take lightly. In addition to the criminal penalties you face, a conviction will remain on your permanent record and could impact your ability to get a job, go to school, or obtain housing. The exact charges you face and the penalties involved will depend on the alleged victim and the other circumstances surrounding your case.The following highlights the various types of assault and battery charges listed under the Florida Statutes:
Florida Statute, Section 784.011 Assault
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Florida Statute, Section 784.03 Battery
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
Aggravated Battery Statute
Florida Statute, Section 784.045 Aggravated Battery
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Contact Us Today for Help
When facing potentially serious criminal charges and the harsh penalties associated with a criminal conviction, you need someone with extensive knowledge of the law and how the legal system works fighting on your behalf. At Scott Berry Law, P.A., we have over 15 years of experience successfully representing clients in these types of situations.
Reach out and call or contact our office online today to request a consultation with our West Palm Beach assault & battery lawyers to discuss the circumstances surrounding your particular charges and how we can help defend your freedoms. We offer low fees, personalized attention, and a proven track record of success to help ensure the best possible outcome in your case.