While your first reaction might be to panic, it doesn’t need to be this way. Smith & Eulo Law Firm’s experienced Gainesville criminal defense attorneys are here to help. As Gainesville, Florida’s top criminal defense law firm, our assault and battery lawyers can help you craft a winning defense.
This means getting a “not guilty” verdict where possible or reducing your sentence to its minimum. Defending yourself starts now, so get in touch with our office today, and let’s get to work on your defense. But while you do this, we also recommend you educate yourself on the charges you face and what’s to come.
What is Assault and Battery?
Assault: The Intention to Do Violence
According to the Florida statutes, assault is the threat — either by word or act — of committing violence against another person. To be charged, you must have the ability to carry out your threat, and the other person must have a “well-founded” fear of violence.
However, to be convicted, the government must prove — beyond a reasonable doubt — your intention to commit these acts, as well as your ability to do so.
Aggravated Assault: Assault with a Deadly Weapon
In general, assault is the “less serious” of the assault and battery duo. But this isn’t always true. Aggravated assault is assault with a deadly weapon. Again, it’s still just a threat. But it’s more serious, and the state of Florida considers it a felony.
Battery: Assault in Action
Battery occurs when someone inflicts physical harm on another person. In other words, the threat stops being just a threat and becomes real. Again, intent is a major part of this crime, but battery is different from assault in that the act actually happened.
In Florida, battery is a third-degree felony. Reach out to our battery defense attorney in Gainesville for skilled legal assistance.
Possible Punishments for Assault and Battery in Florida
Assault is a “misdemeanor of the second degree” in the state of Florida. This means that if you’re found guilty you could go to jail for up to six months or be forced to pay a fine of up to $500.
Civil vs. Criminal Charges
They may do this to help cover:
- Medical expenses resulting from the incident
- Lost wages/jobs because of the incident
- Loss of earning capacity
- Psychological damages
A good defense in an assault and battery case — like the one Smith & Eulo Law Firm will provide — must address the possibility of both a criminal and civil trial.
How Can an Assault & Battery Lawyer Help You?
Hiring a professional legal defense team when charged with a crime or some other wrongdoing is always a good idea.
The law is confusing, as are court proceedings. Navigating all of this on your own will sacrifice the quality of your defense and make conviction more likely. Things are no different when it comes to assault and battery cases.
As you can see, there is a fair bit of gray area in these matters. Each case is entirely unique. Only by working with an experienced assault and battery defense attorney can you construct a winning case.
What Should You Do if You're Charged with Assault and Battery?
The first thing to do if facing assault and battery charges is to contact a assault and battery defense attorney. From there, your lawyer will help you navigate the booking process, negotiate bail conditions, and plan for your arraignment, as well as start preparing your defense.
If you’re dealing with a civil case, you will have 30 days to either deny or accept the charges. But, again, the first thing you should always do is contact an attorney.
If you or your loved one find themselves in a situation where you are being accused of assault and battery? Call us right away at 904-714-4405 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans . In addition to our Gainesville office, we have offices in the following cities across the state of Florida:
