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Assault & Battery

Destin Assault & Battery Lawyer

It usually happens in a moment of anger. Frequently, the individual who has been arrested didn’t even start the incident. Assault and battery are considered violent crimes in the state of Florida, and frequently, depending on the circumstances surrounding the incident, the consequences can be serious.

If you’ve been charged with assault, battery, aggravated assault, aggravated battery, or a crime that’s categorized as domestic violence, you need to take your case seriously. Criminal cases like these can lead to jail time, probation, fines, court-mandated courses, and a criminal record. The Florida Criminal Defense Legal Group stands out as the top choice among criminal defense law firms in Destin, Florida. Call today to speak to an attorney about your assault or battery charge.  

The Difference Between Assault and Battery

While the terms assault and battery are frequently used together, they are closely related but different crimes under Florida law. 

Elements of Assault

784.011 – Assault is defined as an intentional unlawful threat by word or act with the apparent ability to do violence to the victim. The threat must be imminent, and it must be convincing enough for the victim to believe that it is likely to happen. No physical contact or harm is necessary. Simple assault is a second-degree misdemeanor in Florida. 

Elements of Battery

784.03 – Battery is defined as either the intentional touching or striking of another person or intentionally causing bodily harm to another person. Unlike assault, which does not require contact as an element, battery generally involves physical contact between the offender and victim. This is a first-degree misdemeanor in Florida in the absence of aggravating circumstances.  

Variations of Assault and Battery

While the law only requires minimal action on the part of the defendant to charge the offender with the misdemeanor crimes of assault and battery, there are many variations of these crimes that can result in felony charges. 

Man lifting hand against a woman

Aggravated Assault

Often referred to as assault with a deadly weapon, aggravated assault occurs when a person uses a deadly weapon to commit an assault or as part of an intentional threat to commit another crime, like a robbery or kidnapping. Aggravated assault is a third-degree felony.

Aggravated Battery

Aggravated battery occurs when the subject commits battery, and one of these three elements also exists:

  • They use a deadly weapon.
  • The battery results in serious bodily injury.
  • The victim was pregnant, and the offender knew or should have known she was pregnant. 

Aggravated battery is a second-degree felony. 

Domestic Violence and Spousal Abuse 

Domestic crimes are not specific charges but rather a classification that police will apply to a violent crime committed against a family member, a mutual parent, or another type of relationship defined by statute

Penalties for Assault and Battery

Penalties for assault or battery can range from probation to a few months of jail time to years in prison. Here are the crime and penalty levels for each type of offense:

  • Simple Assault – Second-degree misdemeanor, punishable by up to 60 days in a county jail and up to $500 in fines.
  • Simple Battery – First-degree misdemeanor, punishable by up to a year in a county jail and up to $1,000 in fines. 
  • Aggravated Assault – Third-degree felony, punishable by up to a maximum penalty of 5 years in state prison and up to $5,000 in fines.
  • Aggravated Battery – Second-degree felony, punishable by a maximum penalty of 15 years in state prison and up to $10,000 in fines. 

All crimes are also subject to additional penalties, including probation, community service, mandatory participation in an anger management program, and more. Also, assault or battery charges can result in a criminal record, even if you are acquitted.  

Why You Need a Battery Attorney 

Regardless of the circumstances leading up to your arrest, it’s essential that you have a lawyer who understands the criminal justice system to represent you in your assault or battery case. Battery attorneys are adept at dismantling prosecutorial cases against their clients. If you retain the services of one of these criminal defense lawyers, they can review the police evidence against you, depose witnesses and the alleged victim, and, if necessary, negotiate a plea. If you are served with a no-contact order, your attorney can represent you during the administrative hearing and potentially have the order lifted. 

If you reside in Destin, FL, contact the Florida Criminal Defense Legal Group to represent you. A skilled attorney will fight for your rights as the accused. Call today. 

Two guys fighting each other

Frequently Asked Questions About Assault and Battery

The following are some of the most commonly asked questions by individuals who have been charged with battery and assault in FL. For legal advice about your case, schedule an appointment with the Florida Criminal Defense Legal Group.  

Is assault or battery a misdemeanor? 

Both simple assault and simple battery are misdemeanors. Aggravated assault and aggravated battery are felonies. Regardless of the level of violation you’ve been charged with, you need to take the matter seriously. 

How will you defend me if I am charged with assault or battery in Destin?

Your attorney will review the prosecutorial case against you. This involves reviewing the police report, probable cause affidavit, photographs, victim testimony, and witness testimony. They will also depose witnesses, police officers, and the victim. Oftentimes, these early phases yield information that could help your case. For example, if the police coerced your statement, illegally searched your property, or committed a violation of your rights in some other way, it could lead to a dismissal. 

On the other hand, if the case against you is solid, your attorney may be able to have your penalties reduced from jail or prison to probation or community service.

Why can’t I just use a public defender?

While many public defenders are dedicated civil servants, they are often saddled with more cases than they can diligently handle. This forces them into a position where they have to plead cases that they are unprepared to fight in court. If possible, you should invest in a private criminal defense attorney to represent you. 

Criminal Defense Law Firm in Destin, FL

If you’ve been arrested for a violent criminal offense in Destin, FL, you need the best defense available to you. Contact the Florida Criminal Defense Legal Group as soon as possible. All information you provide is confidential, so call now.

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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Request To Speak With An Attorney