Understanding Assault & Battery
Are assault & battery the same crime?
You're probably heard assault and battery used interchangeably. Although they are similar, assault and battery are actually two different crimes. According to Fla. Stat. § 784.011(1), assault is an intentional and unlawful threat to commit an act of violence against another person. This threat must instill fear in the victim. Assault is charged as a second degree misdemeanor. Aggravated assault involves a weapon.In order to be convicted of aggravated assault and individual must threaten violence against a victim with the intention of committing a felony. Aggravated assault is a serious offense and usually will be charged as a third degree felony. Battery involves actually carrying out a threat of violence. Battery can be charged as a first degree misdemeanor. However, if an individual if found guilty of aggravated battery or felony batter, he/she may be accused of a felony offense.
Facing Charges of Assault & Battery
The use of actual, physical force is the dividing line between assault and battery. Threatening another person is never okay, but convicting an innocent person of a crime they didn't commit is wrong, too. In the middle of a heated argument, it could be easy for someone to make a wild accusation. If you've been accused of committing assault or battery, talk to an attorney from the firm today. We are ready to fight for your rights in court. Under Florida law, certain elements (such as the presence of children) can elevate the severity of the charge to aggravated assault. Every criminal case has a multitude of variables to consider. That's why you need an attorney who is familiar with the ins and outs of court proceedings and defense strategies. Florida law takes assault and battery charges very seriously. If you've been accused, let an attorney from our firm give you the legal assistance you need. Contact us today and see what a lawyer from Taracks Gomez & Rickman can do for you.