Assault / Battery

Assault / Battery

Assault & Battery

If you or a loved one has been arrested for aggravated battery, it is critical to be represented by a skilled lawyer to protect your rights.

Assault and battery are two separate offenses.

Assault – or simple assault if a single charge – is the intentional threat of bodily harm by word or action.

Battery is the intentional act of touching, striking or otherwise causing bodily harm to another person. The reason that these terms often are interchanged is that it’s very common for the act (battery) to follow the threat (assault).


Misdemeanor or Felony

The charges of assault and battery are among the most common crimes in Florida. Simple assault is a misdemeanor of the second degree, punishable by no more than 60 days in jail, if the defendant is found guilty. However, the accused often is charged with battery along with assault, and it could be added to the assault charge. When battery becomes a factor, the charges can range from a first-degree misdemeanor to a first-degree felony, prompting greater consequences.

Aggravating factors include the nature of the battery, whether a deadly weapon was used, and if the accused previously had been convicted of a similar charge or other felony. These aggravating factors can drastically increase the minimum sentence, if convicted. For this reason, it is imperative that you speak with knowledgeable attorney who can investigate your case and prepare a strong defense to get the best result possible.

Battery Charges and Penalties

Felony Battery – the State has the option of charging a simple battery as a “felony battery” when the accused person has one or more prior battery convictions. It does not matter whether the person pled guilty or no contest to the prior charge, or whether adjudication was withheld.

Felony Battery – there is a second type of felony battery that is more severe in terms of offense classification than the first. The second form of felony battery occurs when the accused person touches or strikes another against their will, which causes serious injury. This charge typically applies where the accused person intends to touch or strike the other person, but does not intend to cause the degree of injury that results.

Battery on a person age 65 or older – this offense occurs when the victim of what would otherwise be a simple battery is 65 years of age or older. This is a felony offense.
Battery on a Law Enforcement Officer – this offense occurs when the victim of what would otherwise be a simple battery is a law enforcement officer, fire fighter, or EMT. This is a felony offense.

In any of these situations, it is imperative that the accused retain an experienced attorney. Zachary E. Stoumbos will personally review your case and offer to provide you the best chance for an aggressive defense. When you retain Attorney Zachary E. Stoumbos you can expect personal and aggressive attention to your case. With over 20 years of criminal defense trial experience, his services will be invaluable and the only defense you deserve.

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Charged with a Assault / Battery crime? Call us today at The Law Offices of Zachary E. Stoumbos, P.A. for a free initial consultation.

Contact Attorney Zachary E. Stoumbos to see how he may be able to assist you!

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