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If you believe that raising a hand to someone but not actually striking him or inflicting harm, is not a crime, you’d be wrong. If someone even believes he or she is in danger, you can be charged with assault in Florida. If you make actual contact with that person with the intention of hurting him or her or causing pain, your crime becomes one of battery. You don’t have to cause injury — your touch might even be inadvertent. It’s still battery in the state of Florida. If you have a weapon or firearm in your possession at the time, the charges jump to aggravated assault or aggravated battery, and the penalties become worse.

If you’ve found yourself in this sort of situation recently and you believe you may be charged with an assault or battery charge or both, you need an experienced and aggressive criminal defense attorney to fight for you. If you’ve already been charged, you need help immediately. The state of Florida fiercely prosecutes these crimes, and judges are not likely to let you off easily if you don’t have help. This is not something you should handle on your own.

The attorneys at Katz & Phillips have successfully handled many assault and battery defenses. We know what to expect from the prosecution and we know how best to deal with it. We think outside the box to find the mitigating factor involved in your case that can make a difference between a charge for battery or one for assault. We’ll use that zealously in your defense to make a difference. Call the attorneys at Katz & Phillips today so we can begin protecting your rights.

What can an Orlando Assault & Battery Attorney Do for You?

When faced with assault or battery charges in Orlando, the guidance and representation of a seasoned attorney can make an immense difference in the trajectory of your case. An Orlando assault and battery attorney brings not just legal expertise but also a strategic approach to defending your rights. Here’s how these professionals can assist you in navigating the legal complexities and advocating for your best interests:

  • Legal Expertise: An Orlando assault and battery attorney brings in-depth knowledge of Florida’s laws and legal procedures related to assault and battery charges. They understand the nuances of the law and can navigate the complexities of your case.
  • Strategic Defense: These attorneys can craft a strategic defense tailored to your specific situation. They assess evidence, witness statements, and circumstances surrounding the alleged incident to build a robust defense strategy.
  • Protection of Rights: Your attorney serves as your advocate, ensuring that your rights are protected throughout the legal process. They will safeguard you against potential pitfalls, ensuring fair treatment and due process.
  • Negotiation Skills: Skilled in negotiation, these attorneys may aim to reduce charges or penalties. They engage with prosecutors to explore potential alternatives or plea bargains that could minimize the consequences you face.
  • Courtroom Representation: In the event your case goes to trial, an experienced assault and battery attorney will provide effective courtroom representation. They’ll present your case persuasively and vigorously defend your rights before the judge and jury.
  • Emotional Support: Facing criminal charges can be emotionally taxing. Your attorney offers not just legal guidance but also support and guidance, helping you navigate the stress and uncertainty that come with these situations.
  • Potential Case Dismissal: In some instances, an adept attorney can identify legal loopholes or weaknesses in the prosecution’s case, leading to a possible dismissal of charges or a favorable outcome for you.

Remember, having the right legal representation can significantly impact the outcome of your case. Seeking assistance from a reputable law firm specializing in assault and battery cases in Orlando is crucial to safeguarding your rights and building a strong defense.

What Are Assault and Battery According to Florida Law?

In Florida, assault and battery are separate offenses with distinct definitions and penalties. Here’s a breakdown of each:

Assault:

  • Definition: Florida Statute § 784.011 defines assault as an intentional threat by word or action to inflict bodily harm on another person, causing them to fear immediate bodily harm.
  • Key elements:
    • Intentionality: The act must be done with the intent to cause harm.
    • Threat: The threat must be communicated to the victim, either verbally or through actions.
    • Fear of immediate harm: The victim must be placed in fear of imminent bodily harm.
  • Penalties: Assault is a second-degree misdemeanor in Florida, punishable by up to 60 days in jail, a fine of up to $500, or six months of probation.

Battery:

  • Definition: Florida Statute § 784.03 defines battery as the intentional touching or striking of another person against their will, with the intent to cause bodily harm.
  • Key elements:
    • Intentionality: The act must be done with the intent to cause harm, even if the harm is minor.
    • Unwanted contact: The contact must be against the victim’s will.
    • Bodily harm: The contact must cause some form of bodily harm, however slight.
  • Penalties: Battery is a first-degree misdemeanor in Florida, punishable by up to one year in jail, a fine of up to $1,000, or one year of probation.

Both assault and battery can be elevated to more serious offenses, depending on the circumstances.

Protect Yourself With an Orlando Assault & Battery Defense Law Firm

If you’re facing assault or battery charges, there is no need to navigate this legal battle alone. Secure your rights and future by partnering with a trusted Orlando assault and battery defense law firm. Contact us today to schedule a consultation. Our experienced attorneys at Katz & Phillips, P.A. are ready to stand by your side, provide expert guidance, and fight vigorously for your defense. Take the first step toward protecting your rights and securing the best possible outcome for your case. Don’t delay; your future is worth the proactive step. Don’t delay. Contact us now to discuss your situation, and let us begin crafting a robust defense strategy tailored to your needs.