Assault Defense Lawyers in Jacksonville

If you have been arrested or charged with assault, under Florida law this is a serious crime. So, you need to retain an assault defense lawyer who is highly skilled in criminal defense matters. Likewise, you need to do it quickly.

Firstly, many people believe that these crimes are the same thing. They often occur at the same time, but the two actions are actually separate crimes.

Assault vs. Battery

Assault is an illegal threat to do bodily harm. On the other hand, battery is an unlawful touching or striking.

To clarify, assault is defined as threatening a person with bodily harm and perceived as being able to carry out the threat and cause harm.

Likewise, this action can be done verbally or by doing an act that would cause someone to reasonably feel they are in danger of injury or even death.

For example, arguments often escalate and threats are given back and forth. The law views this as a crime.

For instance, a person can be charged for simply raising a fist to someone, thereby threatening them with the use of force, even if, in your own mind, you really did not intend to strike the person.

So, this threat of bodily harm is an assault upon the other person. Most importantly, whether you have been arrested & charged with assault or with assault and battery, you need to retain a expert criminal defense attorney or assault defense lawyer.

Michael Atter is one of the best assault defense lawyers, with 36+ years working with clients accused of a crime.

We know the struggles of being involved in the criminal justice system and know that charges aren’t taken lightly. So, protect your freedom and your record by calling Wood, Atter & Wolf P.A. today.

Assault

Assault is defined by Section 784.011 of the Florida Statutes as the “intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”

The crime of assault is a second-degree misdemeanor. Likewise, it carries a max penalty of 60 days in jail and a fine of $500.00.

Aggravated Assault

Aggravated Assault is defined by Section 784.021 of the Florida Statutes as the crime of assault coupled with; (a) a deadly weapon without the intent to kill; or (b) with the intent to commit a felony.

Further, the crime of aggravated assault in Florida is a third-degree felony. It carries up to 5 years in prison and a $5,000.00 fine.

For example, by simply picking up an object that could inflict harm to a person and threatening them, you could be committing this crime.

Simple Battery

Battery and Felony Battery are defined by Section 784.03 of the Florida Statutes, when a person intentionally touches or strikes another person against his or her will and causes harm to that person on purpose.

In addition, battery is a first-degree misdemeanor and carries up to 1 year in jail and a $1,000.00 fine.

A simple battery becomes a felony when a person with a previous conviction for battery commits any second or subsequent battery. So, in this instance it is a third-degree felony and carries up to 5 years in prison and a $5,000.00 fine.

Felony Battery, Domestic Battery by Strangulation

To clarify, Felony Battery and Domestic Battery by Strangulation are defined by Section 784.041 of the Florida Statutes. Felony Battery commits a simple battery upon another AND causes them great bodily harm, permanent disability, or permanent disfigurement.

Likewise, felony battery in this case is a third-degree felony can come with up to 5 years in prison and a $5,000.00 fine.

Most importantly, it does not matter that the type of touching or striking someone is so light that it would not be expected to cause great bodily harm or disability or disfigurement. Above all, it is the extent of the physical injuries that matters.

For example, we represented a defendant who punched a classmate in a fight and the classmate suffered a stroke as a result.

Although this is not the type of thing that would occur in a fight, the client was charged with felony battery. In other words, this charge does not require you to intend to cause the harm, only that you meant to make the contact.

Domestic battery by strangulation, on the other hand, is fairly self-explanatory. For example, this includes a battery against a family or household member or someone with whom you are dating.

Similarly, this type of battery is also a third-degree felony punishable as covered in this section above.

Aggravated Battery

Aggravated battery as defined by Section 784.045 of the Florida Statutes, occurs when a person, while committing a battery, knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon against a woman they know to be pregnant at the time.

Further, according to the Florida Department of Law Enforcement there were 55,491 aggravated assaults reported in 2018. Guns were used in 16,792 of those reported.

Some items, such as a gun or a knife, are obviously “deadly weapons.” However, even something as harmless as a shoe can be a “deadly weapon” if it is used in a manner that is likely to cause great bodily harm.

Meanwhile, aggravated battery is a second-degree felony and carries up to 15 years in prison and a $10,000.00 fine.