Kissimmee Assault and Battery Attorney

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.

Recent Criminal
Case Results

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)

Charges dropped


Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

More Cases

Recent Personal
Injury Settlements


Scooter Accident


Car Accident


Car Accident


Government Liability Case


Back Injury

More Settlements