Assault And Battery Defense Attorney Orlando

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.

Types of Assault & Battery Charges 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 criminal charges and case to understand the penalties you are facing. We handle all types of assault cases, including:

Penalties for Assault n Florida

Misdemeanor Simple Assault:

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

First-Degree Felony Assault:

  • 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 Assault:

  • 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 Assault:

  • 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 are several possible defenses to assault and battery. The most common defense is that you were defending yourself or another person. However, more complex charges like assault on a police officer will require a more custom tailored approach.

Have You Been Charged With Assault in Orlando? 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

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

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Reduced to reckless driving

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Charges dropped

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Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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