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ASSAULT & BATTERY CHARGES

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Assault and battery charges involve allegations of causing physical harm or threatening violence against another person. These charges are serious and can lead to significant legal repercussions, including jail time and fines.

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Definition and Legal Definition

Assault is defined as an intentional threat by word or act to do violence to another person, coupled with an apparent ability to do so, creating fear in the other person. Battery is defined as actually and intentionally touching or striking another person against their will or causing bodily harm to another person.

 

Examples of Assault and Battery:

  • Simple Assault: An intentional threat of violence without physical contact.

  • Aggravated Assault: Assault with a deadly weapon or with intent to commit a felony.

  • Battery: Intentional physical contact or harm.

  • Aggravated Battery: Battery causing serious bodily harm or involving a deadly weapon.

  • Domestic Battery: Battery involving family or household members.

 

Potential Defenses:

As your defense attorney, we will explore all possible defenses, including:

  • Self-Defense: Arguing that the defendant acted to protect themselves.

  • Defense of Others: Arguing that the defendant acted to protect another person.

  • Lack of Intent: Arguing that the contact was accidental or unintentional.

  • False Accusations: Proving that the allegations are unfounded or malicious.

 

Statistics on Assault and Battery in Florida and Miami-Dade County:

  • Florida had 62,400 reported cases of assault and battery in 2022.

  • Miami-Dade County accounted for 9,500 of these cases.

  • 54% of assault and battery cases in Florida resulted in convictions.

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What to Do if Falsely Accused:

If you are falsely accused of assault or battery, it is crucial to:

  • Contact a Defense Attorney: Immediately seek legal counsel to protect your rights.

  • Document Everything: Keep detailed records of all interactions and incidents related to the accusation.

  • Avoid Speaking to Authorities Without Counsel: Ensure you have legal representation before discussing your case with law enforcement or prosecutors.

 

Reasons for False Accusations:

  • Mistaken Identity: Being wrongly identified as the perpetrator.

  • Malicious Intent: Someone deliberately accusing you to harm your reputation or gain financially.

  • Misunderstanding: Misinterpretation of actions or words as violent or threatening.

 

Possible Jail Times and Fines:

  • Simple Assault: Penalties can include fines, probation, and up to 60 days in jail.

  • Aggravated Assault: Penalties can include up to five years in prison and substantial fines.

  • Battery: Penalties can include fines, probation, and up to one year in jail.

  • Aggravated Battery: Penalties can include up to 15 years in prison and substantial fines.

  • Domestic Battery: Penalties can include jail or prison time, fines, mandatory counseling, and restraining orders.

 

Specific Cases:

  • State v. Smith: A case that highlighted the importance of intent in assault charges, where the defendant’s conviction was overturned due to lack of evidence of intent.

  • State v. Johnson: A case where the defendant’s battery charges were dismissed due to procedural errors by law enforcement.

 

Can the Charges Be Dropped?

Yes, assault and battery charges can be dropped if:

  • Lack of Evidence: Insufficient evidence to support the charges.

  • Procedural Errors: Violations of legal procedures during the investigation or arrest.

  • Successful Negotiation: Negotiations leading to plea deals or agreements.

 

FAQs:

  • Q: Can assault or battery charges be expunged?

    • A: In some cases, yes. It depends on the specifics of your case and whether you qualify under Florida law.

  • Q: How long do assault and battery investigations typically take?

    • A: Investigations can vary in length, often taking several weeks to months depending on the complexity of the case.

  • Q: What should I do if I believe I’m under investigation for assault or battery?

    • A: Contact a defense attorney immediately and avoid discussing the matter with anyone except your legal counsel.

Contact Us Today!

If you or a loved one is facing assault or battery charges, it is crucial to seek experienced legal representation. Contact our office today for a confidential consultation to discuss your case and explore your options.

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