Assault and Battery Defense Lawyers in Miami, FL
Assault and battery are serious criminal offenses in Florida, each carrying significant consequences. Although these charges might initially appear as minor misdemeanors, they can have a profound impact on your future. If you are facing allegations of assault or battery, it is crucial to seek the help of an experienced criminal defense attorney as soon as possible.
Assault vs. Battery
In Florida, assault and battery are distinct crimes with different legal definitions and outcomes.
- Assault is defined as the intentional and unlawful threat to cause violence to another person, whether through words or actions. Essentially, assault involves threats and intimidation. Aggravated assault involves a deadly weapon or the intent to commit a felony and is classified as a third-degree felony. This charge carries a potential sentence of up to five years in prison and fines up to $5,000.
- Battery, by contrast, involves the actual physical contact with another person. It is defined as the intentional touching or striking of someone without their consent. Felony battery, which occurs when the contact causes significant bodily harm, permanent disability, or disfigurement, is a third-degree felony with penalties including up to five years in prison and fines up to $5,000. Ordinary battery is a first-degree misdemeanor, punishable by up to one year in jail and fines up to $1,000.
Punishment Ranges
The severity of the penalties for assault and battery varies based on the nature of the offense and the intent behind it:
- Assault: A second-degree misdemeanor, punishable by up to 60 days in jail and fines up to $500. Aggravated assault, a third-degree felony, can result in up to five years in prison and fines up to $5,000.
- Battery: A first-degree misdemeanor, with a maximum penalty of one year in jail and fines up to $1,000. Felony battery, a third-degree felony, is punishable by up to five years in prison and fines up to $5,000.
Have I Committed an Assault or Battery in Miami, FL?
Understanding the difference between assault, battery, and seemingly innocuous behavior can be challenging. For instance, a comment made in jest, like “I could kill her,” might be misconstrued as a threat. Similarly, a minor physical interaction, such as a bump in a crowded place, may be misinterpreted as battery.
To navigate these complex issues, you need the guidance of a skilled Miami criminal defense attorney. Assault requires proving intentionality to cause harm, while battery necessitates demonstrating intentional physical contact. Accidental actions or harmless comments are not typically grounds for these charges.
Criminal Defense Miami Assault and Battery Attorneys
If you are facing charges of assault or battery, do not hesitate to contact Criminal Defense Miami. Our attorneys have extensive experience defending clients against such charges and are prepared to help you through every step of the legal process. Contact us today for a free initial consultation.