Assault and Battery Defense Lawyer

We Are Dedicated to Ensuring That the Serious Charges Against You Are Countered by Aggressive Defense Strategies

A conviction for assault and battery in Florida typically attracts huge fines and jail time, depending on the peculiarities of your case. It can also stay on your criminal record and tarnish your reputation for life. For these reasons, hiring the services of an experienced assault and battery defense lawyer isn’t just a wise choice, but a necessary decision, too.

Sometimes, law enforcement agents and prosecutors can be swayed by a supposed victim’s sorrowful allegations, even when they are tainted with falsehood. This bias can motivate them to prosecute the case aggressively, without carefully considering your account of events. Nevertheless, it’s your future, freedom, and reputation on the line. We believe you should not lose them to unfounded accusations and overzealous prosecutors.

Even if you believe you’re guilty, you still deserve a fair trial and have rights that must be protected. Again, there may be numerous legal defenses to explore to secure your freedom.

At Taracks and Associates, we are committed to building a strong defense on your behalf.  As tough and aggressive attorneys, we’ll work tirelessly to assert your rights, defend your case, and negotiate strategically to get your charges reduced or eliminated.

 

What Is Assault and Battery?

People often use the terms assault and battery interchangeably. However, while they typically are used together, they mean different things under Florida’s criminal law, and understanding the distinction can be important especially when consulting an aggravated assault lawyer in Tampa.

FSS 784.011 describes assault as an intentional and unlawful threat by word or act of violence, coupled with an apparent ability to carry it out. While assault makes the victim fear impending harm, battery takes the apprehension a step further by inflicting physical harm.

For instance, if an individual raises their fist as if they are going to strike someone (without striking them), an assault has been committed. However, if they proceed to strike the blow, it changes to a battery offense.

What are the Categories of Assault in Florida?

In Florida, assault can be simple or aggravated. Below is a brief definition of what they both entail:

Simple Assault

Simple assault comprises three elements:

• A deliberate and unlawful threat to harm the victim
• An ability to follow through with the threat
•  The victim’s genuine fear of imminent harm.

This type of assault is classified under second-degree misdemeanors and does not involve the use of weapons.

Aggravated Assault

Aggravated assault is a violent crime. FSS784.021(1) describes it as an assault that involves the use of a deadly weapon to commit a felony but without the intent to kill. If you are facing such charges, consulting a violent crime attorney in Tampa can help you understand your legal options, as aggravated assault is charged as a felony of the third degree.

What are the Categories of Battery in Florida?

According to FSS784.03(1), battery occurs when an individual deliberately strikes another person against their will.  It is battery when an individual intentionally causes bodily harm to another person.

Battery often follows assault and is classified into various categories:

Simple Battery

This occurs when a person touches or hits someone else without permission. It also includes situations where an individual hits another person intending to cause bodily harm. Although simple battery is considered a first-degree misdemeanor, it is elevated to a third-degree felony if you have a prior battery charge.

Felony Battery

This happens when someone intentionally touches or hits another without consent, resulting in severe bodily harm. Felony battery is categorized as a third-degree felony under Florida’s criminal law.

Domestic Battery by Strangulation

This occurs when an individual deliberately prevents the natural flow of air or blood of a person they are close to. This may be a family member or a romantic partner.

In domestic battery by strangulation, the action occurs against the victim’s will and involves a significant degree of force that can potentially cause harm. This type of battery is a third-degree felony.

Aggravated Battery

In an aggravated battery case, a person deliberately causes severe bodily harm, permanent disability, or disfigurement to another. This type of battery also happens when the perpetrator uses a deadly weapon. Aggravated battery is considered a second-degree felony in Florida.

Regardless of how serious your charge is, our assault and battery defense lawyers will develop a solid defense strategy for your case. Our quality legal representation will improve your chances of the best outcome.

 

Why Choose Our Tampa Assault and Battery Lawyers?

Here are the primary reasons why our clients trust us with their assault and battery cases:

• Our attorneys are experienced in assault and battery defense.
• We have proficiently and successfully represented over 10,000 clients in at least 185 jury trials within our 30+ years of practice.
• Our compassionate team of defense attorneys is non-judgemental, taking the time to understand our clients’ unique situations and concerns.
• We are 100% dedicated to your cause and will leave no stone unturned in ensuring that we achieve the best results for each case.

At Taracks and Associates, we understand the fear and apprehension that comes with an assault and battery charge. Our compassionate attorneys will remain sensitive to your plight as they guide you on your journey to a satisfactory outcome.

 

How Will Our Assault and Battery Lawyers Help You?

Our job as your defense attorneys is to identify and leverage any loopholes in the prosecutor’s case. We’ll also build a solid defense strategy based on the particular circumstances surrounding your case.

Common legal defenses that may be appropriate for your situation include:

Self-defense

Self-defense is one of the most solid strategies for fighting assault and battery charges. If self-defense is applicable in your situation, we will provide compelling evidence in court to prove that you were only exercising your right to self-protection in the face of imminent danger.

Defense of Others

Did you defend someone else using non-lethal force? If yes, you may be exonerated from assault and battery charges so long as the force used was proportional to the degree of threat.  If this is the case, we can establish that you were genuinely concerned about the imminent harm to them and had no other choice but to act swiftly to neutralize the threat.

Accidental Use of Force

If you injured someone accidentally, the prosecution does not have a case as intent is an important element in assault and battery cases. Therefore, we will work hard to prove that you didn’t commit the act willingly.

Are you ready to work with seasoned attorneys who will passionately fight for your freedom? Contact our team today at 813-281-2897 for a free consultation.

FAQs

These are the questions we often receive about assault and battery cases:

Are there statutes of limitations for assault and battery charges? 

Florida has a statute of limitations that sets a time limit for prosecuting assault and battery crimes, depending on the classification of the offense.  For example, felony assault battery must be prosecuted within 3 years from the date of the crime. Meanwhile, misdemeanor assaults must be tried within 2 years from the date the offense was committed.

Will my case go to trial? 

Anyone charged with an assault and battery case is at risk of having to go to trial. However, our experienced defense attorneys may get the charges dismissed or arrange for a favorable plea bargain.

Can I get my charges reduced? 

Yes, you may be able to get your charges reduced when you work with an experienced assault and battery lawyer. Depending on the circumstances surrounding your case, our attorneys may even get them dropped.

Will I be offered a plea deal? 

Yes, the prosecution can offer you a plea deal, but you’re not required to accept the offer. In cases where you have a very high chance of an acquittal, allowing the case to go through trial may be a better option.

Do you have more questions? Please don’t hesitate to contact our team for further clarification.

Contact Taracks and Associate Lawyers for a Free Case Review Today!

At Taracks and Associates, our attorneys are aware of the severe and devastating effects of a conviction for assault and battery. That’s why we work passionately to protect your interests despite the odds against you.

With decades of experience in handling numerous assault and battery cases, we have become adept at creating effective strategies to help reduce or dismiss your charges.