Assault and Battery Defense Lawyers:
Our Assault and Battery Defense Lawyers have years of experience in defending clients charged with assault or battery.
These charges often arise as the result of two people getting into a disagreement.
A person could end up being the only one charged if their assault and battery defense lawyer is not experienced in dealing specifically with these types of charges.
Experienced assault and battery defense lawyers can show the court that mutual fighting was involved, and the confrontation was not just one-sided.
Any threat of violence through words or actions created intentionally by one person upon another in a manner that invokes a fear of being in eminent danger is defined as assault.
Someone can be charged with assault even if the threat is not carried out or attempted.
Battery occurs when another person is struck, hit, or attacked intentionally, and against that person’s will.
Our Assault and Battery Defense Lawyers are ready to provide you with a detailed consultation for FREE!
Defendants are commonly charged with both assault and battery, two distinct types of individual charges and offenses that carry their own separate penalties.
After receiving multiple recommendations to have attorney Jeff Quisenberry and the Fernandez Law Group represent me, I couldn’t be happier with the outcome of my case. Not knowing much about the legal system and what would occur during this process, Jeff Quisenberry helped guide me through this process and made it much easier to understand. Even though this was our first time meeting, he helped out like it was his family he was representing and I noticed right away. Any questions or concerns I had were met beyond my expectations. Highly recommend having the Fernandez Law group representing you to help guide and comfort you during your time in need. I can’t say Thank You enough, to Jeff Quisenberry and the whole Fernandez Law group, a family of professionals.
Rated 5 out of 5 by Tareq Hafza on
on May 27, 2018 | Link to Review
Assault
In the Tampa Bay area, defendants are typically facing simple assault or aggravated assault.
Simple Assault
Someone who attempts to cause injury to another person may be charged with simple assault, a misdemeanor charge with a jail sentence of up to sixty (60) days and fines up to $500. A person can also be charged with simple assault if they knowingly, recklessly, and deliberately cause injury to another person.
simple assault charges our assault and battery defense lawyers represent clients for include:
- Pointing a gun at someone
- Negligently causing injury with a deadly weapon
- Putting someone in fear of bodily injury by physical menace
- Hiding a hypodermic needle and intentionally stabbing a police officer or staff at a hospital or corrections facility
Any attempt to harm someone can result in assault charges. If someone is involved in a bar fight and takes a swing at someone but misses, they can still be charged with simple assault. These charges can be picked up very easy just by verbally threatening someone, often starting through a simple disagreement that escalates into a heated argument.
Aggravated Assault
Aggravated assault is causing or attempting to cause serious bodily injury. Aggravated assault is more serious and can result in a third-degree felony, a prison sentence of up to five (5) years and up to $5,000 in fines.
Enhanced penalties may be handed down by the court which can increase fines and sentencing. Use of a firearm or deadly weapon can also result in additional charges with increased penalties. In Tampa, it is very common for second-degree felony charges to be brought against a defendant when firearms are used in crimes of assault.
aggravated assault charges our assault and battery defense lawyers represent clients for include:
- Intentionally, knowingly, or recklessly causing serious injury in circumstances that show extreme indifference to the value of human life.
- Causing or attempting to cause bodily injury to public workers such as police officers, firefighters, correctional officers, court personnel, or public school employees.
- Causing or attempting to cause injury to a child under the age of six. It does not have to be considered a serious injury to be charged with aggravated assault in these circumstances.
- Causing or attempting to cause serious injury to a minor age 12 or under.
- Causing or attempting to cause injury using a deadly weapon or tear gas.
Serious bodily injury may result in permanent damage, such as an impairment or disfigurement. It can also be an injury that creates a substantial risk of death, or committing simple assault against someone from a protected class, such as a police officer, teacher, physician, etc.
Our assault and battery defense lawyers have the experience needed to effectively defend against aggravated assault charges.
Battery
Battery occurs when a defendant makes physical contact with the victim. There are a few additional factors the prosecution is going to need to prove in order convict a defendant for battery. These include:
- Did the defendant intentionally touch, strike, shove, or kick a victim?
- Was the physical contact against the victim’s will, or done without consent?
There are several different types of battery in Florida:
Simple Battery
In order to be charged with simple battery, all that is required is for the defendant to intentionally subject a victim to unwanted physical contact.
Simple battery is a first-degree misdemeanor in which you would be looking at a prison sentence of up to one (1) year and up to $1,000 in fines here in Florida.
Felony Battery
The prosecutor can also charge a defendant with felony battery if this is a subsequent offense.
Felony battery is a third-degree felony. In Florida, the sentence is typically up to five (5) years in prison along with up to $5,000 in fines.
Aggravated Battery
If a defendant used a deadly weapon or intended to cause serious bodily injury to the victim, then the prosecution will be able to prove aggravated battery.
Aggravated battery is a second-degree felony and the most serious of all battery charges. In Florida, a typical sentence could be imprisonment for up to fifteen (15) years and fines up to $10,000.
factors considerED BY assault and battery DEFENSE LAWYERS TO DEFEND AGAINST charges:
- Was the assault or battery committed in the act of self-defense?
- Was the assault or battery committed in the act of self-defense of another person?
- Was the assault or battery committed in the defense of property?
- Was the defendant given consent to make physical contact with the victim?
- Were Constitutional rights violated?
- Does the prosecution lack sufficient evidence?
- Did law enforcement commit any procedural violations?
- Was the defendant advised of their Miranda rights?
- Was the assault committed as a result of an accident?
- What other factors could demonstrate or prove there was no criminal intent to commit harm?
Our Assault and Battery Defense Lawyers are ready to provide you with a detailed consultation for FREE!
Why CHOOSE OUR assault AND battery DEFENSE LAWYERS?
At the Fernandez Law Group, we have more than 50 years of combined legal experience and provide a team of experienced assault and battery defense attorneys with aggressive representation.
Anyone facing charges should hire an assault and battery defense lawyer who has experience in and out of the courtroom specifically dealing with these types of cases, as soon as possible. These charges are very serious and the penalties can be rather severe.
Defendants gain an instant advantage in their cases by working with our team of assault and battery defense attorneys.
We help defendants understand the crime they’ve been charged with along with any and all possible defenses or options available.
Our assault and battery defense lawyers have over 20 years of experience as former prosecutors. With that insight, we are able to communicate more effectively with the prosecution, often reducing charges, bail amounts, and sentencing before a trial date is even discussed.
Our assault and battery defense lawyers are ready to fight aggressively towards the best possible outcome. With our FREE consultation and detailed case review, defendants get the advice and guidance needed right away.
Factors THAT can lead to a conviction for assault:
In order to be convicted for assault, the prosecutor is going to have to prove several factors, including:
- Defendant intended to threaten the victim
- Defendant intended to cause the victim to feel fear
- Defendant intended to carry out a violent act against the victim
- Defendant demonstrated the threat through words
- Defendant demonstrated the threat through a gesture
- Defendant demonstrated the threat through an intimidating act
- Defendant demonstrated the ability to carry out the threat
- Victim must have been in fear of imminent danger or harm
In addition to maximum penalties and sentences imposed for each type of assault and battery, the prosecution is also permitted by state law to request increased sanctions and penalties for:
- any defendant who has prior felony convictions,
- any defendant who has prior assault or battery charges,
- any defendant who has committed the act with a firearm or weapon,
- any defendant who has been found to be a career criminal by the courts.
If someone has been charged with assault or battery in Florida, they should contact experienced assault and battery defense lawyers immediately. These charges come with serious penalties and the consequences can last for a lifetime.
We offer a FREE consultation and detailed case review to help defendants understand the severity of the charges they are facing. We cover what penalties may be applied along with defense strategies and potential outcomes. Defendants are confident in their decision to call us once they speak with us.