Assault and battery are common offenses in the State of Florida. In plain language a battery is an unlawful touching of another against that other person’s will. A simple battery can be anything from a shove to a punch. An assault on the other hand is an attempted battery or a threat to harm a person with the ability to do so. An example of an assault would be if you tried to punch a person and missed. Assault and battery charges are often the product of disagreements that turn physical and a “fight” ensues or a one person hits another.
The degree of assault or battery that you could be charged with may depending on the injury suffered by the other person, the age of the other person, the other person’s occupation and if there was a weapon used. Assault and Battery charges are often very defendable. On many occasions a skilled attorney can establish that you were defending yourself at the time of the incident, that you were justified in using the force that you used, that you had the right to “stand your ground” against the other person, or that the incident did not occur.
Anthony Rickman has successfully represented clients charged all degrees of assault and/or battery. Anthony has achieved favorable outcomes for clients charged with battery and aggravated battery for fighting, punching, shooting with a firearm, or stabbing/cutting with a knife. With his courtroom experience, legal knowledge, and skill Anthony Rickman will aggressively and diligently represent you in all stages of your case. If you have been accused of Assault or Battery contact Anthony Rickman for a free consultation.
ASSAULT
Simple assault or misdemeanor assault is a second degree misdemeanor punishable by up to 60 days in jail and/or 6 months of probation. An assault is defined as the intentional and unlawful threat by word or act to commit violence against another person; with the apparent ability to carry through with the threat at the time it was made; and the threat created a genuine fear in the intended victim that the violence was imminent. Florida Courts have determined that a mere threat without the ability to act on that threat is not an assault and thus is not a crime.
AGGRAVATED ASSAULT
Aggravated Assault is an unlawful threat by word or act to commit violence against another person; with the apparent ability to carry through with the threat at the time it was made; which created a genuine fear in the intended victim that the violence was imminent. To be an aggravated battery the treat must have been made (a) with a Deadly Weapon, in the commission of a Felony, or (c) coupled with the intent to kill.
A weapon is a “deadly weapon” could be be a knife, firearm, car, bat, stick, or any thing else used in a way likely to produce death or great bodily harm.
Aggravated Assault with a deadly weapon is a third degree felony punishable by up to 5 years in prison. If however, the deadly weapon used if firearm the defendant will be facing a mandoty 3 years in prison. If the aggravated assault with ta deadly weapon or the intent to kill is committed against a specified official such as a police officer or firefighter the defendant also faces a 3 year mandatory sentence.
There are many defenses that you may raise in an aggravated assault case. An experienced attorney will be able to communicate to the State, the Court and even a Jury to highlight these defenses. If you have been accused of an assault Contact Anthony Rickman for a Free Consultation.
BATTERY
Simple or misdemeanor battery ids defined as the unlawful touching or striking of another person against that persons will. The crime of simple battery is punishable by up to one year in the county jail and one year of probation. A simple battery can be committed by touching another person, therefore the other person does not have to be injured for you to be charged with battery.
BATTERY ON A LAW ENFORCMENT OFFICER
If the victim of your battery is a specified official such as a police officer, EMT, Firefighter, or Probation Officer, you will most likely be charged with a 3rd Degree Felony punishable by up to 5 years in prison.
FELONY BATTERY
Felony battery is the touching or striking of a person against that person’s will and unintentionally causes great bodily harm, permanent disability, or permanent disfigurement to the other person. A Felony Battery is a third degree Felony punishable by up to 5 years in prison.
AGGRAVATED BATTERY (GREAT BODILY HARM)
Aggravated Battery with Great Bodily Harm is a second degree felony, punishable by up to 15 years in prison. If you are accused of Aggravated Battery with Great Bodily Harm you are facing a sentence of at least 21 months in prison. A defendant could be found guilty of Aggravated Battery if the person committing the battery uses a deadly weapon, intentionally causes great bodily harm, or commits a battery on a pregnant female.
DEFENSES TO ASSAULT AND BATTERY
If you have been accused of an assault or a battery, there may be multiple defenses. One of the most common defenses to assault and/or battery is self defense. For self defense, a person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. Self defense also applies to a persons defense of another, so if you feel that the force you used was necessary to protect and prevent the battery of another person you may be entitled to this defense.
Another defense raised on a battery charge is intent. Since in order to prove the crime of battery the state is required that a defendant intentionally struck another person, if the striking of the other person was accidental or unintended you may be entitled to dismissal due to your lack of intent. Similarly in situations where there is a mutual fight or “mutual combatants” you may have the defense that the contact was not against the other person’s will because they were equally engaged with you.
Florida Stand your ground law provides a defendant with immunity from prosecution in when a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat. This person has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
If you have been accused of assault or battery it is important to contact an experience trial attorney to fight against these accusations. Anthony Rickman has represented multiple clients throughout the State charged with crimes of assault and/or battery. Contact us today for a free consultation.