Miami Assault & Battery Lawyer
Under Florida law, the terms assault and battery refer to threats of harm or actual harm caused by physical violence. When you think of assault & battery, you may think of a fight between two patrons in a bar or nightclub or a similar altercation. While these situations can result in assault and battery charges, assault and battery can also refer to situations that may be significantly more serious than a bar brawl. In fact, some assault and battery charges can result in years behind bars and substantial fines imposed by the court.
There are many ways to defend against assault and battery and you need the help of an experienced Miami criminal defense lawyer as soon as possible to limit the consequences you face in your case. The lawyers at the Baez Law Firm have defended against many allegations of violent crimes, so please call our Miami assault & battery lawyer today for help.
Types of Assault & Battery Offenses
There are different assault and battery charges under Florida law that can be applied to many different situations and several factors will help prosecutors decide which charges to file. Some charges commonly faced include:
- Simple Assault — Even seemingly minor threats of physical violence can lead to simple assault charges, even if you never had the intention to actually hurt the person. Intentionally instilling the fear of harm is enough to result in charges. Simple assault can include shaking a fist at someone and is generally a second degree misdemeanor.
- Simple Battery — This charge can apply when a prosecutor believes you intentionally struck someone or made offensive physical contact, though you did not necessarily intend to hurt them. This is generally a first degree misdemeanor.
- Aggravated Assault — An assault is aggravated when the threat of serious harm involves a deadly weapon or occurs during the attempt to commit a different crime. For example, waving a knife at someone in order to scare them can lead to third degree felony charges or worse.
- Aggravated Battery — Like assault, aggravated battery involves the use of a deadly weapon to harm another or the intent to seriously injure the victim. This can also result in serious felony charges. It is important to note that, even if you did not intend to commit serious harm to the victim, you can still face charges of felony battery if great bodily harm, disfigurement, or permanent disability resulted from the physical contact.
- Assault or Battery using a Firearm — If you are accused of discharging or even possessing a firearm during an assault or battery, the penalties can be enhanced and you can face mandatory minimum prison sentences from three to 25 years depending on the circumstances.
There are many different defenses to assault and battery, including that you were acting in self-defense or that you did not have the intention to cause harm, which can help reduce your charges from aggravated to simple assault or battery.
Call for a Free Consultation with a Miami Assault & Battery Lawyer Today
Understanding the specific circumstances of your case is essential in defending against assault and battery charges. At the Baez Law Firm, our criminal defense lawyers have the resources to fully investigate the situation and gather important evidence in your defense. Please do not delay in calling us at 800-588-BAEZ for help as soon as possible.