Central Florida prosecutors are particularly aggressive when it comes to any crime of violence or domestic violence crime. If you’ve been arrested for assault, battery, or a related crime, it’s important you speak to an attorney before your case progresses. Attorney Kazzi was a former prosecutor for many years. She knows how the other side thinks and what they need in order to prove their case against you. Put a former prosecutor on your team. Call today to speak with Attorney Kazzi.
Assault and Battery Charges in Florida
Many states lump the terms “assault” and “battery” under the same charge. Under Florida law, assault and battery have different meanings.
Assault
Under Florida law, assault is the intentional threat by word or gesture to do violence. In order for an assault to exist, the victim must believe that the threat is real and imminent. The accused must have the apparent ability to commit a violent act. Note that there is no requirement for physical contact for assault. Simple assault is a second-degree misdemeanor in the state of Florida, punishable by up to 60 days in jail and a $500 fine.
Battery
The penalties for aggravated assault are similar to simple assault, but it involves the use of a deadly weapon. This can include a gun, knife, or another deadly instrument. This is a third-degree felony in Florida, punishable by up to five years in prison.
Aggravated Battery
An aggravated battery is similar to a simple battery, but it must also have one of the following three elements:
- The offender used a deadly weapon to commit the battery
- The attack resulted in great bodily harm, a permanent disability, or permanent disfigurement
- The victim was pregnant at the time of the attack.
Aggravated battery is a second-degree felony, punishable by up to 15 years in prison.
There are other circumstances that may affect the level of the assault or battery offense:
- If the victim was over the age of 65
- If there are prior convictions for violent crimes
- Whether the intent was to kill the victim
- If the victim was a law enforcement officer or firefighter acting in the performance of their duties
Domestic Violence Crimes
In Florida, domestic violence is a categorization for certain offenses. If the relationship between the accused matches the criteria, the police can charge it as a domestic crime. Domestic relationships include spouses, ex-spouses, parents of the same child, blood relatives, or persons living in the same home as a family. If you are charged with a domestic crime, you may also lose access to your firearms, may be forced to vacate your residence under an injunction, or could be compelled to complete anger management classes.
Even a simple assault or battery charge can result in arrest, jail, fines, and a criminal record. Call a professional criminal defense lawyer today to discuss your case.
How Our Assault and Battery Attorney Can Help You
Attorney Amanda Kazzi is an experienced criminal defense lawyer who has reviewed hundreds of assault and battery cases. Before she can determine the best defense for you, she will need to review the police report, the victim’s statements, witness statements (if there are any), medical records, and any other evidence that the police obtained at the scene. Once she has a clear picture of the prosecutorial case, she can determine a defense strategy. Unlike the court-appointed lawyers at the Public Defender’s Office, attorney Kazzi has the time and resources to dedicate to you as a client.
Frequently Asked Questions about Assault and Battery
Assault vs. Battery. What is the difference?
In the state of Florida, assault is a threat of immediate violence. Battery involves actual physical contact. Some states use the terms together or alternatively, but in Florida they are different things.
If I know my accuser, should I try to talk them out of the charges?
If you try to contact your accuser, the police can charge you with witness tampering, which is a separate crime. If your accuser tries to reconcile, do not speak to them until you’ve talked to an attorney.
Ormond Beach Assault and Battery Lawyer
If you’ve been charged with assault, battery, domestic violence, or a related crime in Ormond Beach and Central Florida you need to speak to assault and battery attorney Amanda Kazzi about your charges. Even a misdemeanor, heat-of-the-moment assault, or battery charge can lead to severe consequences. Call today.