Assault & Battery

Misdemeanor Assault
Florida defines an Assault as, “an 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.”  Often Assault can be a difficult charge for the State to prove.  Inherent in the charge is the necessity that the victim must have had a reasonable fear that a violent act was about to be performed against him or her.  Further, the Defendant must have had the capability to perform the threatened act.  Depending on the circumstances, a simple Misdemeanor Assault can be charged as a serious Felony.  

If you have been charged with an Assault it is imperative to contact an experienced attorney as there may be valid defenses to the charge. Contact our office immediately for a free consultation with a partner.

Misdemeanor Battery
By Florida Statute, Battery occurs when someone actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another.  A simple reading of the Battery statute displays that a battery must be intentional, otherwise there isn’t a valid battery charge.  Battery can also be charged despite the victim not being the intended recipient of the strike.  Under a theory of transferred intent, people often get charged for battering someone they had no intention of battering.  All the state must prove in this situation is that the overt act that caused the harm was intentionally done, despite the overt act being intended for someone else.  Like Assault, if there is a weapon involved or serious injury results from the incident on which the battery is based, a simple misdemeanor battery can be charged as a felony, implicating serious repercussions. 

If you or someone you care about are facing an assault or battery charge, call our office as soon as possible for a free consultation with a  partner.