Okaloosa County Assault And Battery Attorney
Many people do not know or understand the difference between assault and battery. Assault is a threat to do harm, while battery causes physical harm. If you threaten to hit someone you have committed assault. If you actually hit them, a battery has been committed.
If you have been charged with assault or battery in Okaloosa County, call Flaherty Defense Firm right away at (850) 243-6097 to schedule a free consultation. Protect yourself and let us help keep a crime of violence off of your permanent criminal record.
Overview of Assault and Battery in Okaloosa County
Battery and Assault are both misdemeanor offenses punishable by 60 days-1 year in jail and a fine that ranges from $500-1000. A conviction for either charge will also result in a 3-year revocation of your ability to possess or own a firearm, pursuant to the Lautenberg Amendment under Federal law.
Depending on the circumstances, battery and assault charges can also be enhanced to a felony. Common examples include Aggravated Battery, Aggravated Assault with a Deadly Weapon, and Battery on Law Enforcement.
There are many different variations of assault and battery, but the following lists the most common charges we regularly defend in Okaloosa County:
- Aggravated Assault
- Aggravated Battery on a Pregnant Woman
- Aggravated Battery with a Deadly Weapon
- Battery on Law Enforcement
Florida Statute 784.03 defines Battery as: “The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other.”
Florida Statue 784.011 defines assault as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”
Florida Statue 784.021 defines aggravated assault as a more serious form of assault, usually using a deadly weapon (gun, knife, vehicle, hammer, etc.). This form of assault is a 3rd degree felony and is punishable by up to 5 years in State prison. However, if the deadly weapon was a firearm, there is the possibility of a mandatory 3 year prison sentence.
When a battery is committed with intent to do serious harm, or when it is done with a dangerous weapon, it is described as aggravated. A weapon is considered dangerous whenever the purpose for using it is to cause serious harm. Florida Statute 784.045 defines aggravated battery in various ways, such as aggravated battery with a deadly weapon or aggravated battery on a pregnant woman. These are all felony offenses and are punishable by up to 15 years in State prison.
Call an Okaloosa County Assault and Battery Attorney
At Flaherty Defense Firm, our Okaloosa Assault and Battery lawyers are happy to offer you a free consultation to get your questions answered in a low-key, no-stress environment. When you are ready to put a professional Assault and Battery defense team to work for you, call us at (850) 243-6097. We welcome your call and we are available 24 hours a day.