Whether a heated argument at a bar escalated or a misunderstanding at a family gathering turned physical, a situation can spiral out of control and leave you facing serious legal charges in the blink of an eye. The immediate aftermath is often filled with confusion, fear, and uncertainty as you try to make sense of what happened and what the future holds.
Assault and battery charges can leave you facing severe consequences, affecting everything from your personal relationships to your professional opportunities. If you or a loved one is facing assault or battery charges, the stakes are high, and the need for proficient legal representation is crucial. At The Wiseman Law Firm, we work tirelessly to protect our clients’ rights and fight for their futures.
What Is the Difference Between Assault and Battery in Florida?
Before diving into the differences between misdemeanor and felony charges, it’s important to define assault and battery clearly.
Assault
Assault is the threat or attempt to cause physical harm to another person. It does not necessarily involve physical contact but involves actions or words that create a reasonable fear of imminent harm. For example, raising a fist as if to strike someone or verbally threatening immediate violence can be considered assault if the victim has a legitimate fear of being harmed.
Battery
Conversely, battery involves actual physical contact. It is the intentional touching or striking of another person against their will or causing bodily harm. This could range from a simple shove to a more severe act, like hitting someone with an object. Battery requires proof of unwanted physical contact, regardless of whether any injury was inflicted.
Misdemeanor Assault and Battery
Misdemeanor charges are considered less severe than felony charges and usually carry lighter penalties. However, they can still have significant impacts on your life.
Misdemeanor Assault
In Florida, simple assault is classified as a second-degree misdemeanor. It involves the intentional threat by word or act to do violence to another person, coupled with an apparent ability to do so, creating a well-founded fear that such violence is imminent. Potential penalties for misdemeanor assault include up to 60 days in jail, up to six months of probation, and fines of up to $500.
Misdemeanor Battery
Simple battery, a first-degree misdemeanor, involves the actual and intentional touching or striking of another person against their will or intentionally causing bodily harm. Consequences may comprise up to one year in jail, up to one year of probation, and fines of up to $1,000.
Felony Assault and Battery
Felony charges are much more serious, often involving significant harm or the use of a weapon. They carry harsher penalties and long-term consequences.
Felony Assault
Aggravated assault, classified as a third-degree felony, involves an assault with a deadly weapon without the intent to kill or an assault with the intent to commit a felony. If convicted, you could face penalties of up to five years in prison, up to five years of probation, and fines of up to $5,000.
Felony Battery
Aggravated battery, a second-degree felony, involves intentionally causing great bodily harm, permanent disability, or disfigurement, or using a deadly weapon. Potential consequences include up to 15 years in prison, up to 15 years of probation, and fines of up to $10,000.
Factors Influencing Assault and Battery Charges
Several factors can influence whether an assault or battery charge is classified as a misdemeanor or a felony. These include:
- Severity of Injuries: More severe injuries can elevate a charge to a felony.
- Use of Weapons: The presence of a weapon typically results in more severe charges.
- Intent: Proving the intent to commit a more serious crime can lead to felony charges.
- Victim Status: Charges can be more severe if the victim is a vulnerable person, such as a child, elderly individual, or law enforcement officer.
Facing assault and battery charges requires a strategic and informed defense. Various defenses may apply depending on the circumstances, such as claiming self-defense, defense of others, lack of intent, or that the alleged victim consented to the physical contact.
Defend Assault and Battery Charges with an Orlando Attorney
Facing assault and battery charges can be a daunting and life-altering experience. At The Wiseman Law Firm, we understand the gravity of your situation and are committed to providing the dedicated and strategic defense you need. Our founding attorney, Simon Wiseman, brings over two decades of trial-tested experience, having handled high-profile cases both as a former prosecutor and a defense attorney. This unique perspective allows us to anticipate the prosecution’s strategies and build a robust defense tailored to your case.
Our firm is known for meticulous preparation, unwavering dedication, and a proven track record of successful outcomes. We make ourselves available 24/7 to keep you informed and supported throughout the legal process. With The Wiseman Law Firm, you can trust that your case will be handled with the utmost professionalism and care. Contact us today at (407) 420-4647 or through our contact form to schedule your free consultation.