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Assault & Battery Lawyer

Fort Walton Beach Assault & Battery Lawyer

Being convicted of assault and battery could mean facing severe legal consequences, including time incarcerated and fines. It’s advisable to consult with a Fort Walton Beach assault and battery attorney if you’ve been arrested for this crime.

Assault and battery criminal proceedings can be overwhelming. The Florida Criminal Defense Legal Group can help you navigate the legal process, answer your questions, and fight to help you avoid a criminal conviction.

Fort Walton Battery Crimes

There are different levels of battery depending on the circumstances of the case. Florida laws define a simple battery as physical harm against a victim, typically via violent physical contact. Simple battery is generally a misdemeanor unless it involves a special victim. 

Aggravated battery is a more severe form of physical violence, typically involving weapons. Aggravated battery is a felony charge and can lead to harsher penalties. Under Florida Statute Section 784.041, felony battery involves someone intentionally striking a person with the purpose of causing great bodily harm, permanent disability, or permanent disfigurement.

Subsequent Battery Offenses

In Florida, you may face a third-degree felony if you were previously convicted of a battery offense. Florida Statute Section 784.03 states that if a person with one prior conviction for battery commits a second or subsequent battery crime, it can be upgraded to a felony of the third degree.

Battery Assault

Felony Battery Penalties

Being convicted of felony battery could lead to a sentence of up to five years in prison or probation and fines of up $5,000.00. Other Battery penalties may include, but are not limited to:

Felony Battery Crime Defenses

Each battery case is different. Many battery law specialists recommend working with a criminal defense attorney like those at the Florida Criminal Defense Legal Group. They have experience using the following strategies to defend their clients from felony battery convictions:

  • Consent 
  • Factual disputes about how the incident occurred
  • Injuries do not constitute “great bodily harm”
  • Mutual combat
  • Self-defense and Stand Your Ground
  • Use of force in defense of others or property

Fort Walton Beach Assault Crimes

In Florida, assault can be defined as a simple misdemeanor or felony depending on the circumstances. Florida Criminal Defense Legal Group can help you differentiate between each charge and help defend against an assault conviction. 

Section 784.011 of the Florida Statutes defines assault as an intentional threat that is perceived to be dangerous. These threats make others reasonably fearful of an act of violence. 

Simple Assault

Simple assault is the most basic form of assault. According to section 784.011(2), an assault is a second-degree misdemeanor. Simple assault requires criminal intent. If you harm someone without criminal intent, then that’s not simple assault according to Florida laws.

Simple assault leads to relatively minor penalties. A simple assault conviction could lead to a penalty of up to 60 days in jail, six months of probation, and a fine of up to $500. The Florida Criminal Defense Legal Group can offer assistance to those who’ve been charged with an assault crime. 

Aggravated Assault

Florida law categorizes aggravated assault as a harsher crime compared to simple assault. Assault with a deadly weapon is considered aggravated assault. Assault during the commission of another felony is considered aggravated assault as well.  

Aggravated assault is a third-degree felony, carrying penalties of up to five years imprisonment, five years probation, and fines of up $5,000. Committing assault with a firearm or a deadly weapon could lead to a mandatory minimum three-year sentence. That’s why protecting yourself with an experienced Fort Walton Beach Assault attorney is of utter importance.  

If you commit an assault while brandishing a deadly weapon, then the threat created is more severe, with harsher penalties. However, carrying a deadly weapon does not automatically mean you’re guilty of aggravated assault. Having a concealed carry license and keeping your weapon out of sight are common defenses against elevating a charge to aggravated assault. 

Battery assault

Assault Defenses

An assault conviction will depend on a few factors. The Florida Criminal Defense Legal Group has experience protecting Fort Walton Beach citizens from assault charges. Some of the common defenses raised in assault prosecutions include:

  • Absence of intent to threaten the alleged victim
  • Absence of a well-founded fear on part of the alleged victim
  • Circumstances indicating that the threat was not imminent
  • Conditional threats
  • Defense of others
  • Factual disputes 
  • False allegations
  • No present apparent ability to carry out the alleged threat
  • Property defense
  • Provocation by the alleged victim
  • Self-defense
  • Stand Your Ground
  • Vague or idle threats

Why You May Need to Hire an Assault & Battery Attorney

Many individuals believe that assault and battery are the same crime or that they are linked. That’s not always the case. Though assault and battery often appear together, they are two separate and independent crimes. The Florida Criminal Defense Legal Group has experience defending its clients from both. 
Assault refers to a threat of violence. Battery refers to intentional, non-consensual physical contact. Your assault defense attorney can fight to defend you in court, negotiate plea deals, and help you avoid a conviction when possible. Florida Criminal Defense Legal Group can protect your rights in and out of court and help you focus on moving forward. Contact us today.

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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