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 Orlando 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 An Assault And Battery Conviction

There are a range of potential consequences if you are convicted on an assault and/or battery charge. 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.

Protecting Your Interests

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 are defenses to assault and battery. One is that you were defending yourself or another person. There are even unique circumstances for battery on an elderly person, and you must be aware of them if you find yourself in that particular situation.

If the state has a strong case against you, you will need an attorney who can do damage control. Our law firm will work hard to keep you from being tagged with a criminal record or facing serious consequences such as jail time. Our experience as former prosecutors allows us to give you an honest evaluation of your case so that you will know your options from the start.

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 with an assault attorney at The Umansky Law Firm, contact us online or call 407-228-3838.

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