Assault And Battery Charges
If you are accused of committing an assault or battery on another person, you need to contact my firm, the Finkelstein Firm, P.A., immediately for a free case review. My name is Jenna Finkelstein. I am a skilled defense attorney who will discuss your case with you, explain the elements of the charge(s) and evaluate the facts to determine any defenses that may exist.
What Is An Assault?
There are several levels and variations of the crime of assault. A simple assault is the intentional, unlawful threat to do violence to another person while having the apparent ability to carry out the threat and, as a result, creating a well-founded fear in the other person. An assault can be by word or by act. If a deadly weapon or firearm is used during the assault, then you may be charged with aggravated assault, which is a felony in the state of Florida.
What Is Battery?
Battery is much like assault in that the charge has several different variations and levels. Battery occurs when a person actually and intentionally touches or strikes another person against that person’s will or intentionally causes bodily harm to another person. If you have a prior conviction (or a withhold of adjudication) on any battery-related offense, then you can be charged with felony battery. Additionally, if the victim sustains great bodily injury or a deadly weapon is used, then you may be charged with aggravated battery. Aggravated battery is a second-degree felony punishable by up to 15 years in prison.
Possible Defenses To These Charges
There are many defenses to assault and battery. The most common defense is self-defense. In other words, you were defending yourself during the commission of what the state attorney has charged as an assault or battery. You may have been defending another person. Many factors must be evaluated before you settle for any offer the state attorney’s office has given to resolve your case, including but not limited to the following considerations:
- Is the charge a felony or a misdemeanor?
- Is the charge filed in a way that qualifies for sealing or expunction?
- Will the charge have any effect on your living arrangements? It is important to know that most rental agencies and apartment companies do a background check. If you are currently living in an apartment, will entering a plea to the charge initiate an eviction notice? Will you be able to rent in the future if you are convicted as charged?
- Does the victim wish to prosecute?
- Was the victim a family member?
Should You Hire An Attorney For Your Assault Or Battery Case?
Yes, and you should do that as soon as possible. It is much more beneficial to get an experienced lawyer involved early on in cases like these. Oftentimes, information can be submitted to the state attorney’s office that was not previously given during the investigation. Mitigating circumstances can be explained early on in an effort to encourage the state attorney’s office to drop the charges.
How Can I Help You?
At the Finkelstein Firm, P.A., I have years of experience defending clients charged with all levels of assault and battery. I will begin investigating your case immediately. I will advise what steps you can take to minimize or even eliminate the stress involved in defending this type of case.
Call 727-202-4418 or email my firm here for a free consultation today, and let me use my knowledge of the criminal justice system to work in your favor. All criminal charges are serious, and you need a skilled assault and battery defense attorney on your side.