Assault & Battery are classified as Violent Crimes. Often they are the result of arguments or fights that got out of hand (couples quarrel, family disputes, passionate sports fans, bar confrontations, gang clashes). Sometimes assaults and batteries occur together. Depending on the extent of injury as well as whether a weapon was used, assault and battery may be charged as misdemeanors or felonies (such as in felony battery or aggravated battery).
Assault is defined as the intentional and unlawful threat, by word or act, to do violence to another person, with the apparent ability to carry out the act, and as a result the act created in the mind of the victim a well-founded fear that violence was about to occur. Assault cases can include a simple assault, including verbal threats accompanied by threatening gestures, aggravated assaults (an assault with a deadly weapon without the intent to kill; or with the intent to commit a felony).
Charged with Assault & Battery? Call Our West Palm Beach Defense Attorneys
Battery involves actually and intentionally touching or striking another person against his or her will. Battery cases can include, domestic battery, felony battery, and aggravated battery (causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon).
Penalties for Assault & Battery in are:
- Simple Assault is a second degree misdemeanor, which has a maximum penalty of 60 days in jail and a $500 fine. Florida Criminal Statute 784.011
- Simple Battery is a first degree misdemeanor, which has a maximum penalty of 1 year in jail and a $1000 fine. A Second Offense Battery charge becomes a felony battery (3rd degree felony) with a penalty of up to 5 years in jail and a maximum $5000 fine. Florida Criminal Statute 784.03
- Aggravated Assault charge is a felony assault third degree felony, which has a maximum penalty of 5 years in jail and a $5000 fine. Florida Criminal Statute 784.021
- Aggravated Battery is a second degree felony, which has a maximum penalty of 15 years in jail and a $10,000 fine. Florida Criminal Statute 784.045
Attorney Leonard Feuer, in West Palm Beach, is a former prosecutor and an experienced criminal defense attorney. He understands what is at stake and knows how to protect your rights. He and will explain the penalties you may be facing and analyze your case for possible defenses.
If you or a family member been accused or arrested of an Assault, Battery or other Violent Crime in the Palm Beach County area, contact The Feuer Law Firm.