Explanation of Assault & Battery Crimes

Assault and battery is a type of violent crime that is really a combination of two separate crimes. Assault is the crime of threatening to cause bodily harm to another person, whereas battery is causing bodily harm. Therefore, when a person commits assault and battery, they have threatened a person and then caused that person physical harm through the use of violence.

Explanation of Assault

Defined under Florida Statutes §784.011 (2011), assault is the intentional, knowing threat of committing violence against another person. This may be a verbal or physical threat, but it must be clear the defendant could carry out the threat so the victim suffered from reasonable fear for injury or death. This is considered to be a second-degree misdemeanor. Should the defendant have a deadly weapon or have the intentions to commit a felony while committing assault, it will elevated to aggravated assault under §784.021 and will become a third-degree felony.

Explanation of Battery

Per §784.03, battery is the causing of intentional bodily harm to another person through actions such as striking. This is considered a first degree misdemeanor, although there are some circumstances where it is considered a felony. A felony charge will stem from having prior battery convictions. Battery, like assault, can also be elevated should the subject cause bodily harm with the use of a deadly weapon or should the defendant know that the victim is pregnant at the time of the offense. This is a second-degree felony under §784.045 of the Florida Code.

When Does Assault Become Aggravated?

Assault may be defined as an attempt or threat of violence to another person, with the apparent or actual ability to carry out this threat. Aggravated assault is a more serious version of this crime and involves assault with a deadly weapon or with the intent to commit a felony offense. Aggravated assault is a third-degree felony. An adult offender may face a state prison sentence of up to 5 years. For a minor tried in juvenile court, penalties will be different. Generally speaking, the juvenile justice system focuses on rehabilitation and counseling first. This means that a minor may face detention in a juvenile correctional facility and may also face counseling, community service, or probation.

Contact Thomas & Paulk Today: (813) 321-7323

Like all violent crimes, assault and battery is vigorously prosecuted by Florida law enforcement. This is because this crime involves the injury of a third party and may even lead to death. For this reason, any person who has been charged needs to consult with a skilled defense attorney. Our firm knows what is on the line with criminal cases of this nature and will go above and beyond in our efforts to ensure that our clients have the reliable legal assistance that they deserve. Call (813) 321-7323 to learn more about how we can help you.

Regardless, of what you have been arrested or criminally charged with, we encourage you to contact our Tampa assault and battery firm. We have vast experience and can help you defend your future, freedoms, and legal rights.

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