Assault and battery charges are extremely common in Florida, and these are serious crimes that carry serious consequences. As a result, you need to make sure that you take advantage of the client-centered services offered by Anabelle Dias P.A. as soon as possible in order to assert your rights as early in the process as possible. Our firm has years of experience in handling these charges, and below is a brief look at this area of law in Florida.
Assault and aggravated assault are crimes that are indicted by the thousands in Florida. For instance, in 2005, more than 82,000 people were charged with aggravated assault alone. There are differences between these two charges in terms of their definitions, and they are important distinctions.
Assault is defined as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Aggravated assault is an assault with a deadly weapon without intent to kill or an assault that is committed with an attempt to commit a felony.
While assault can be either a misdemeanor or a felony, depending on the facts surrounding the situation, aggravated assault is a third-degree felony that carries with it significant prison time if the defendant is convicted.
Much like assault, battery charges and convictions in Florida number in the thousands every year. Battery is much like assault, except that battery involves the actual use of physical force as opposed to the presence of a realistic threat of use of such force. Florida's battery law provides that a person is guilty of assault if he or she actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.
There is also a possibility for a defendant to be charged with aggravated battery in Florida, and that occurs when a person, in the course of committing a battery, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement or uses a deadly weapon. A battery is also automatically classified as "aggravated" if the defendant knew that the victim of the battery was pregnant at the time the offense occurred.
Battery is also generally classified as a felony, and the requisite prison term recommendations for this type of crime apply if the defendant is convicted of such a charge. However, convictions of this type, like all others, depend on the facts of the case and the evidence that is presented.
Regardless of whether you have been charged with assault and/or battery in Florida, your reaction to this situation should be the same. You need to contact Anabelle Dias P.A. as soon as possible for a consultation. The firm offers an accommodating schedule and affordable payment plans for clients, so do not let your busy schedule or financial concerns prevent you from asserting a strong and viable defense.