Only an experienced criminal defense lawyer like Robert David Malove understands the subtleties of the law well enough to make sure you get the justice you deserve. In Florida, an aggravated assault is considered a third-degree felony which means that, instead of a sentence in county jail, you can face state prison and steeper fines. Attorneys E. & Erika Hubbs. How to beat a battery charge in florida gambling. The State must prove that the defendant had the specific intent to touch or strike the alleged victim. A person who commits a second or subsequent battery after a prior conviction for battery, aggravated battery, or felony battery will be charged with a third-degree felony.
Thus, the penalties can include up to a year in jail, or a probationary sentence not to exceed one year. As for an assault charge, the prosecution must commence within 1 year after the crime while an aggravated assault offense has a statute of limitations of 3 years. The maximum jail sentence for a first-degree misdemeanor in Florida is one-year in jail. Beard v. State, 842 So. Types of Battery in Florida. The crime of battery is different. An aggressive defense can provide the advantage you need to defend against Florida assault and battery charges successfully. Battery Charges in Florida. Investigations into witnesses, motions to suppress, and challenging the prosecution on every point. Since they are related and commonly conflated, assault and battery are often confused. Student committing aggravated battery upon a school district employee such as a teacher or other staff person. Your use of force must be determined to be reasonable under the circumstances, which will depend on factors such as the size and physical strength of each individual involved and whether there were weapons such as knives or guns present. At Moses & Rooth, we comb through all of the details of your case to find the best defense.
Our Fort Lauderdale criminal defense lawyers always likes to point out that just because you've been arrested for battery does not necessarily mean you'll be convicted. The opposite of Mutual Combat occurs when a defendant defends him/herself against the attack of another. Criminal Battery charges may be associated with other types of criminal offenses, depending upon the evidence collected against you, such as: - Stalking. The prosecutor is the only person that can go below the minimum mandatory. Battery Under Florida Law. How to beat a battery charge in florida dmv. These charging enhancements significantly increase the exposure to jail time and probation. Call us now to talk about your Florida assault and battery charges to speak with an attorney who has handled cases like yours. Some of the most common battery cases that the Goldman Wetzel criminal attorneys handle include: Aggravated Assault and Aggravated Battery in Florida.
Each of these elements must be proven beyond a reasonable doubt, a very high standard of proof. How to beat a battery charge in florida real estate. Up to 1 year in jail Battery on a Person 65 Years of Age or Older. Especially in a domestic case, the police will feel compelled to arrest someone if they are called and there is any kind of a disturbance going on, or accusations made in the heat of the moment. At that point, the individual does not need to wait to get hit first and then hit back. Every case is different, so we will evaluate the facts of your situation and apply all of our experience and knowledge to getting the case reduced or dropped.
Mutual combat occurs when two people essentially "square off" to fight. Aggravated battery is a second-degree felony and can lead to a fifteen-year prison sentence and a maximum of a $10, 000 fine. 3 year minimum mandatory prison sentence up to 30 years in prison. Both of these crimes get taken to the "next level" when a deadly weapon is used. Keep in mind that the victim of an assault has to experience a reasonable fear. How to Beat Aggravated Assault in Florida. An important step to beating a battery case is to gather all the facts and evidence helpful to the defense. Felony battery is treated as a third-degree felony and can draw sentences of up to five years and $5, 000 in fines. If you were arrested or charged with assault and battery and believe you have a valid claim of self-defense, contact The Morris Firm today. 2d 1149 (Fla. 2d DCA 2001). 021 — Aggravated Battery — Read the language of the Florida law related to aggravated battery. So, for instance, battery of a firefighter or an emergency medical care provider raises the offense level by one degree, and battery of a pregnant woman is always treated as a form of aggravated battery. If the alleged victim asked you to touch or strike him/her, this is a complete defense to the charge of Misdemeanor Battery.
When a child is tried as an adult, they face much more severe penalties than they otherwise would if they were tried in juvenile court. Defenses to Battery. What is assault in Florida?