Assault & Battery Defense in Miami, Broward and Hialeah
MIAMI ASSAULT AND BATTERY ATTORNEYOften times, people get confused between assault and battery. In the State of Florida, these are two different criminal offenses which requires the State of Florida to prove different things.
AssaultAn assault (as defined by Florida Statute 784.011) is when someone intentionally places another person in fear by threats or actions, combined with the apparent ability to act upon that threat or action. An assault is a second degree misdemeanor punishable by up to 60 days in jail and a $500 fine.
The assault becomes a felony, when someone uses a deadly weapon without intent to kill that person or with the intent to commit a felony. This is an aggravated assault and is a third degree felony, punishable by up to 5 years in Florida State Prison and a fine of up to $5000.
BatteryA battery (as defined by Florida Statute 784.03) is when someone actually and intentionally touches or strikes another person against that person’s will. A misdemeanor battery could be as simple as spitting in a person’s face, or punching a person. This is a first degree misdemeanor punishable by up to one year in jail and a $1000 fine.
A battery can become more serious and a felony, with enhanced penalties, if the defendant has a prior battery, uses a weapon, or based upon the level of injuries sustained by the victim. The penalties can range from a third degree felony (punishable by up to 5 years in Florida State Prison) to a second degree felony (punishable by up to 15 years in Florida State Prison).
DefensesIf you are charged with assault or battery, there are numerous defenses you can raise to protect your rights such as self-defense or defense of others.
Self-defense or defense of others is often a valid reason to commit an assault or battery against another person – often times, police officers ignore the facts that a person was defending one’s self or another and simply make an arrest. However, a person may use force to protect themselves or a third party if the alleged victim threatened or attempted to use force against a person.
If you have been charged with assault or battery in Florida, it is important to seek a Criminal Defense Attorney immediately. Contact Miami Criminal Defense Attorney Adam K. Goodman to learn about your options during a free consultation. As a Hialeah Criminal Defense Attorney, Adam K. Goodman will aggressively fight for you and defend your constitutional rights. Adam K. Goodman maintains the ideal that relationships matter, which has earned him respect amongst prosecutors and judiciary. This leads to results for you, the client.
As a former Miami prosecutor and Chief of Ligitagion, Adam K. Goodman has the experience and knowledge to defend your case. Contact The Law Office of Adam K. Goodman at (305) 482-3265 or (954) 695-5126 today for all of your Broward County, Palm Beach, Monroe, or Miami Criminal Defense needs.