Assault and Battery2018-11-23T23:05:51+00:00

Assault and Battery Attorney

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Assault and Battery

Assault and Battery are two separate terms used to describe physical attack charges. Other U.S. states and popular culture have made the use of them interchangeable, but in Florida, they’re recognized as two very different offenses.

Assault includes threats of violence by word or physical actions, while battery must involve violence through physical contact. An assault charge can be made even if physical contact wasn’t present, whereas battery will always involve intentional contact.

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Sean McQuaid is a highly rated and respected St Petersburg Criminal Defense Attorney who has been working to defend the rights of people charged with crimes for over 19 years. If you are in need of an Assault and Battery Lawyer, then you’ve found the experienced helping hand that can help protect your future.

Sean McQuaid is an attorney and named partner at Battaglia, Ross, Dicus & McQuaid, P.A., which is ranked by US News and World Reports as a Tier 1 Law Firm. For 60 years Battaglia, Ross, Dicus & McQuaid, P.A. have been providing exceptional legal assistance to the Tampa Bay area.

Contact Sean McQuaid today for a free consultation and to begin the fight for you!

What is Assault in Florida?

Florida statute §784.011 sates: “An ‘assault’ is 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.”

For example, if a person threatens to injure someone then that is considered assault, even if violence never followed.

What is Battery in Florida?

A battery occurs when someone intentionally touches another person, without their consent. Reckless physical violence that risks injury or death can be charged as “culpable negligence.”

Florida’s battery statute §784.03, says the crime of battery occurs when a person: “Actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.”

Battery often occurs with assault preceding it but can happen without it. For example, punching someone in the back of the head would be considered battery without assault as the other person was never put in fear or threatened.

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Types of Assault and Battery Offenses:

There are various types of Assault and Battery offenses which can be charged in Florida. They include:

  • Assault
  • Aggravated Assault
  • Sexual Assault
  • Assault with a Deadly Weapon
  • Assault with the Intent of Committing a Felony
  • Assault or Battery against a Police Officer
  • Battery
  • Aggravated Battery
  • Battery with a Deadly Weapon
  • Sexual Battery
  • Battery Causing Great Bodily Harm
  • Domestic Assault
  • Domestic Battery

Sexual Assault and Battery

Sexual Battery is one of the most serious crimes a person in Florida can be convicted of, more so if the victim was a minor. It is highly advised to contact an attorney as soon as possible if you are at risk of sexual assault or battery charges.

Sexual battery is when the guilty person forces non-consensual sexual penetration on another person. Consent is crucial in the severity of the punishment when the victim is a minor, particularly in Florida.

There are various penalties which may include life imprisonment.

What is Aggravated Assault and Battery?

Simple Assault or Battery penalties can be significantly increased if they are deemed to be ‘aggravated.’

Aggravated Assault is when a deadly weapon is used in a threat, or the assault is charged as a felony. Aggravated Battery also includes the use of a deadly weapon, and/or when the victim suffers from permanent disfigurement.

What are the penalties in Florida?

  • In Florida penalties for assault and battery charges range from a misdemeanor to felony.
  • Assault: 2nd-degree misdemeanor, with a $500 fine and up to 60 days jail time.
  • Aggravated Assault: 3rd-degree felony, with a $5,000 fine and up to a 5 years prison sentence.
  • Battery: 1st-degree misdemeanor, with a fine of $1,000 and jail time of a maximum of 1 year.
  • Aggravated Battery: 2nd-degree felony punishable with up to a $10,000 fine and up to 15 years in prison.

Injunctions and Restraining Orders

An assault or battery charge can also result in the accused receiving a restraining order or domestic violence injunction. Although these are not criminal charges, they will restrict the person from making any form of contact with the filer. Restraining order requests are often accepted by the courts when there is proof of violence or risk of violence.

Breaking the restraining order will likely increase the punishment of the criminal charges and add new ones. A violation of an injunction is a misdemeanor and can initiate from the civil judge who issued the injunction by asking for an investigation by the State Attorney, or it can come directly from law enforcement. An Assault and Battery Defense lawyer can help stop an injunction or minimize the consequences..

How can an Assault and Battery Criminal Defense Attorney help?

If you’re facing allegations of Assault or Battery, whether innocent or guilty, then you need an attorney who can fight for your defense. Sean McQuaid can fight to clear your name or minimize penalties, in a period of your life that is likely chaotic and impossible to deal with alone.

He’ll be your advocate from start to finish, dealing with the fine points of Florida law while gathering all the necessary evidence to help serve for your defense.

An Assault and Battery Criminal Defense Attorney will:

  • Navigate treacherous Florida Law with expert knowledge
  • Handle the paperwork and procedures on your behalf
  • Fight for your innocence or minimize charges
  • Avoid prison or jail by using their experience to bargain for alternative sentences
  • Attempt to bring justice without setting foot in court
  • Make use of their strong and trusted connections in the legal system
  • Attempt to keep your criminal record clean

If you’re in a position where your future is in jeopardy, then you have nothing to lose. Using a Criminal Defense Lawyer will give you a chance to save your future and bring you hope.

Criminal Defense Attorney Sean McQuaid with Battaglia Ross Dicus & McQuaid, P.A. has been repeatedly recognized by his peers, courts and the community as a premiere lawyer in Criminal Defense Law.

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