If you are charged with assault and battery in Ft. Lauderdale, according to Florida state law, you are not being charged with one crime but two. Assault is the threat of harm or physical act (such as forcefully raising one’s hand) that creates a reasonable apprehension of experiencing harmful/offensive physical contact. Battery is the actual physical act of harmful or offensive contact.
Florida statutes establish several degrees of assault and battery as well as varying consequences for each offense.The types of assault include:
Second-degree misdemeanor that includes intentional threat (oral or physical) to commit violence against someone else and committing some act that establishes fear of imminent harm in said person. (784.011)
Third-degree felony that is an assault using a deadly weapon (without intent to kill) or intent to commit a felony. (748.021)
The types of battery include:
A first-degree misdemeanor in which a person intentionally touches/strikes or causes bodily harm to another person. (784.03)
A third-degree felony in which a person with a previous battery conviction commits another act of battery. (784.03)
A third-degree felony in which one person intentionally touches/strikes another person and causing great bodily harm, including permanent disability or disfigurement. (784.041)
A third-degree felony in which a person intentionally/knowingly impedes breathing or blood circulation of another individual. These individuals include family, household members, or significant others. (784.041)
A second-degree felony in which a person, when committing an act of battery, intentionally/knowingly commits great bodily harm, including permanent disability or disfigurement, or with the use of a deadly weapon. (784.045)
Your punishment will vary depending on which crime you were charged with. Battery is a First Degree misdemeanor with a sentence of up to 364 days in jail and a $1000 fine. A more serious crime like an aggravated battery can include up to fifteen years of imprisonment and a fine no greater than $10,000.
While Florida law establishes maximum penalties for each type of assault and battery charge, an increase in these penalties can be requested in special cases. Florida state law dictates that a prosecutor may request increased penalties—such as a longer sentence or higher fine—for individuals who have previous felony convictions or who are found to be a “career criminal.“?
If you or someone you know is facing an assault and battery charge in Ft.. Lauderdale, contact criminal defense attorney Anthony F. Anise to defend you during your trial. Having handled many cases ranging from misdemeanors to more serious felonies, Mr. Anise is an excellent choice as a criminal defense lawyer. He also serves the citizens of Aventura and Miami as an assault and battery lawyer.
A proud member of the Florida Bar and the Broward Association of Criminal Defense Lawyers,Mr. Anise makes sure that his clients receive a fair hearing. He understands that clients can feel hopeless during these cases; as such, his first goal is to give them a sense of hope.
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