Orlando Attorney

If you have been just been arrested for assault or battery, you are probably in shock. As soon as you get out of jail, you should talk to an experienced criminal defense lawyer and begin preparing your defense. Otherwise, a one-time mistake could end up haunting you for the rest of your life.

Penalties for Assault and Battery in Florida

There are a range of potential consequences if you are convicted on an assault or aggravated assault, the below penalties are provided for reference only, and pertain to a first offense. It is essential that you talk with our attorneys about your specific charges and case to understand the penalties you are facing.

Misdemeanor simple assault:

  • Six months to one year in jail
  • Possible community service, participation in criminal education programs, house arrest

First-degree felony:

  • Up to 30 years in prison (with a minimum of five if the offense is against a police officer)
  • Monetary fine of up to $10,000
  • Probation (up to 30 years)
  • Restitution to the victim of any expenses that resulted from the assault and battery

Second-degree felony:

  • Up to 15 years in prison (with a minimum of three if the offense is against a police officer)
  • Monetary fine of up to $10,000
  • Probation (up to 15 years)
  • Restitution to the victim of any expenses that resulted from the assault and battery

Third-degree felony:

  • Up to five years in prison
  • Monetary fine of up to $5,000
  • Probation (up to five years)
  • Restitution to the victim of any expenses that resulted from the assault and battery

If you are charged with a second assault or battery offense in Florida, the second offense will automatically be charged as a felony. If you break into someone's home or car and commit assault and battery, you can be charged with a life felony, punishable by life in prison.

Assault & Battery on the Elderly

Battery on an elderly person is a third degree felony in the State of Florida (784.08). In Florida, it is considered a battery in the third degree to push, smack, or injure any person over the age of 65 if the person committing the assault knows that the victim is indeed over the age of 65. The law does allow for stranger confrontations whereas the arrested person does not realize the person is 65 or over, but unfortunately, but with full knowledge the maximum punishment is often applied. Battery on an elderly individual could yield up to five years imprisonment in a state penitentiary for simply pushing the person. A judge could impose fines and 500 hours of community service along with criminal charges.

How To Successfully Defend Your Assault Charges

Many people mistakenly think that the police will get both sides of a story before charging someone with a crime. That is not true. The police will collect information from the complainant and investigate the case until they have enough evidence to file charges. You will need someone to tell your side of the story before the state decides to file charges.

As your lawyers, we will hire investigators and obtain witness statements so we can tell your side of the story. There is a criminal defense to assault and battery. One is that you were defending yourself or another person. There are even unique circumstances for assault on a police officer, and you must be aware of them if you find yourself in that particular situation.

Do You Need Help? Contact Us Day Or Night

At The Umansky Law Firm, our criminal defense lawyers are here to defend you. We represent people who have been charged with assault and battery in fights at bars, amusement parks, sports facilities or private homes in Orlando and other communities in central Florida.

To schedule a free case review contact us online or call 407-228-3838.

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