Assault or battery are typically used together to discuss related crimes. However, in Florida, the two are different offenses that can be defined separately.
What is Assault?
An assault is a threat in the form of words, a gesture, or intimidating act of harm to a person. A case of assault is established when it is confirmed that there was intent to commit a violent act, there was ample opportunity to commit the act at the time of the threat, and the threat of the act caused the victim to fear imminent harm. Types of assault include simple assault, aggravated assault, and felony assault. The severity and penalties for each are determined by elements including the use of a weapon, the intent to kill, and if the assault was against an official such as a police officer. Penalties range from 60 days to five years in prison, from six months to five years of probation, and between $500-$5000 in fines.
What is Battery?
A battery is the unlawful physical harming of another person against their will or consent. A battery case can be established if it is proven that a victim was intentionally touched or struck in an attempt to cause serious bodily harm. Types of battery includes simple/misdemeanor battery, aggravated battery, and felony battery. Penalties range from one to 15 years in prison, one to 15 years of probation, and between $1000-$10,000 in fines. Penalties are assessed based on the severity of the crime.
Consult With an Assault and Battery Lawyer in Tampa
Elements such as the presence of a deadly weapon or the death of a victim can impact the type of charge you receive, the prison sentence, the amount of probation given, and the fines you will have to pay. This is why an assault and battery attorney in Tampa is critical for creating a solid defense to help you prove:
- That you acted in self defense
- That the harm to the alleged victim was unintentional/accidental
- The alleged victim was equally and willingly engaged in combative behavior
- That you were “standing your ground,” meaning you were not engaged in a criminal activity, yet had a right to protect yourself against someone who was attacking you
If you have been accused of assault or battery it is important to contact Anthony Rickman, an experienced trial attorney, to fight against these accusations.
For a free consultation with an experienced assault and battery lawyer in Tampa, please contact The Rickman Law Firm at (813) 712-8736 or submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.