Assault and Battery are often viewed as two distinct offenses although they might be considered as related crimes. The reason behind this is simply because the Florida state laws define the two crimes separately. Assault is defined as a threat of harm that makes the victim to undergo fear of imminent harm. However, assault does not involve the physical contact between the victim and the perpetrator. The prosecutor must prove that the defendant intended to carry out a violent act, make the victim to feel fear, or intend to threaten the victim. In addition, it is upon the prosecutor to prove that the defendant executed the threat through an intimidating act, a gesture, or even words. Generally, the victim should show that he or she feared imminent harm due to the defendant's ability to carry out the threat.

The Florida statutes establish some specific offenses as felony assault, aggravated assault, and simple assault. The type of assault charged by the state prosecutor determines the potential punishment and severity of the offense. On the other hand, the Florida state laws will consider the act as battery if the defendant makes physical contact with the victim. Hence, the prosecutor is bestowed the task to show that the defendant intentionally struck or touched the victim in order to prove a battery case. In addition, for the battery case to be proven, the prosecutor must also show that the contact was done without the victim's consent hence against the victim's will. However, Florida law recognizes various types of battery.

If there was unwanted and intentional physical contact between the victim and the defendant, then the offense is considered as a simple battery. As a matter of fact, the Florida state laws can allow the prosecutor to charge the defendant with felony battery for a subsequent offense in case the defendant has a previous conviction for battery. Also, the prosecutor must show that the defendant used deadly weapon or they intended to cause serious bodily harm, in order to prove aggravated battery.

Defenses to Assault and Battery Charges

There are various grounds for defense regarding assault or battery and they include:

· Defense against harm to property;

· Defense of another person;

· Self-defense;

· Consent given for physical contact;

· Lack of intent; and

· Accident.

Florida Penalties for Assault and Battery Charges

When you have been charged with assault or battery charges in Kissimmee there are possibilities that you might be subjected to various penalties. The specific charge pursued by the Florida state prosecutor determines the consequences of an assault or battery. Each offense comes with its specific penalty or a sentence requirement set by the Florida state laws and they include:

· Aggravated battery is considered as a second degree felony and the defendant might be subjected to a fine in an amount up to $5,000 or can even result in a sentence of imprisonment that may last up to five years.

· Felony battery is considered as a third degree felony that might result to a fine in an amount up to $5,000 or the state can request sentence of imprisonment for up to five years.

· Simple battery is considered a first degree misdemeanor that might result to a fine that cannot exceed $1,000 or the state can request a sentence of imprisonment lasting up to one year.

· Aggravated assault is considered as a third degree felony and can result to a fine in amount up to $5,000 or imprisonment for up to five years.

· Simple assault is considered as a second degree misdemeanor and can result in a fine that cannot exceed $5,000 or a sentence of imprisonment for up to sixty days.

If you are facing assault or battery charges in Kissimmee, it is important to contact a lawyer to guide you step-by-step through the legal process. In addition, when you hire an experienced Assault/Battery lawyer, you will be able to create a good defense for you case that might eventually result to your freedom.

Contact Our Kissimmee Criminal Defense Law Firm

At The Umansky Law Firm, we have highly-experienced criminal attorneys who will represent you accordingly. Therefore, you can schedule an appointment now by contacting us online or calling 407-218-5961 to discuss the way forward regarding your charges.

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