While frequently assumed to be one offense, assault and battery are two distinct crimes with separate charges and penalties for a conviction. Under Florida law, an assault is a willful, unlawful threat by word or violence, putting fear in a person that violence is imminent. Examples of assault are verbally threatening to hit or miming the act of punching or kicking the victim. An aggravated assault is threatening the use of a deadly weapon. There does not have to be physical contact for an assault to occur.
The offense of battery happens when a person makes physical contact with another against their will, causing bodily harm. Pushing or spitting on a victim is considered a battery. An aggravated battery is committed when a deadly weapon is used with the intent to inflict serious bodily harm.
There are Serious Charges for an Assault or Battery
An assault is charged as a first- or second-degree misdemeanor, depending on the circumstances of the crime. Battery is charged as a misdemeanor of the first degree or a felony of the third degree, contingent upon the situation. Both crimes can rise to the level of a felony with enhanced penalties when they involve vulnerable populations, severe bodily injury, a riot, or the threat or use of a deadly weapon.
Perez LaSure Law: Strong Advocates for Your Rights
The accomplished Kissimmee assault and battery lawyers at Perez LaSure Law understand the risks these charges pose to your record and your life. We are committed to protecting your rights inside and outside of the courtroom. These cases can be difficult to prove but can also be difficult to defend without an experienced attorney. Hiring a skilled assault and battery attorney is your legal shield and greatly increases your chances for a successful outcome. With decades of experience in criminal law, Attorney Migdalia Perez and Attorney Kim LaSure stand ready to defend you today.
A Sampling of Strategies for Your Defense
To be convicted of an assault or battery crime, the prosecutor must prove guilt beyond a reasonable doubt that the defendant intended to commit an unlawful act. In building a strategy for defense, our attorneys may consider the following:
- Lack of Evidence: Proof that an assault or battery occurred is often dependent on credible eyewitnesses, photographs, or video surveillance. Without witnesses or physical evidence, it may be difficult for a prosecutor to proceed with the case.
- Self-Defense: Florida’s Stand Your Ground law allows individuals to protect themselves and others, even using deadly force, if they perceive an imminent threat. In these cases, the defendant uses force to protect against an aggressor who threatens or acts in such a way as to cause injury or death.
- Involuntary Intoxication: If a defendant was unknowingly given alcohol before an assault or battery, it can be argued that their actions were not intentional.
- Consent: The defendant may have had the alleged victim’s consent to engage in physical contact, such as in a sports event or a sexual encounter.
Some strategies may not be appropriate for your circumstances, but others may greatly increase the likelihood that your case is dismissed, you are proven innocent, or the charges are reduced.
We are Your Voice in the Legal Process
At Perez LaSure Law, we are passionate about protecting the rights of the accused. We believe in justice, fairness, and due process, ensuring that every defendant receives the representation they deserve. Contact Perez LaSure Law at (407) 530-4920 to speak with an assault and battery attorney in Kissimmee who will fight for your freedom. We represent clients throughout Osceola County, Florida, and the surrounding areas.
