Crestview Assault and Battery Lawyer
The term “assault and battery” encompasses a wide variety of criminal acts ranging from threatening harm on a person to actually causing physical harm to another individual. In Florida, there are a range of charges that people may face that fall under the category of assault and battery, and all of them need to be taken seriously, especially if a misdemeanor charge is enhanced to a felony.
At Flaherty Defense Firm, our experienced legal team only handles criminal cases, and as such, we have over 16 years of experience representing residents, military members, and visitors to the Crestview area who are facing a variety of assault and battery charges, including those detailed below.
Under Florida law, battery is defined as the criminal offense of striking or touching another person when doing so is against his or her will. According to Florida Statute 741.28, Domestic Violence is a form of Battery that occurs between “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.”
According to Florida Statute 784.041(2)(a), in order to bring charges of Domestic Battery by Strangulation, the state must only prove that you impeded the breathing or circulation of the alleged victim against their will and that, in doing so, you subjected them to the threat of great bodily harm. If convicted on charges of Domestic Battery by Strangulation, you could face up to five years in prison and carry a third degree felony on your record.
If an assault takes place with the use of a deadly weapon, it will likely be charged as aggravated assault, which can be a second or third degree felony. Potential penalties for aggravated assault range between 5 and 15 years in prison.
Aggravated Battery on a Pregnant Woman
If the victim of an alleged battery is a pregnant woman, what might have otherwise amounted to misdemeanor battery charges will be automatically elevated to charges of felony Aggravated Battery. If convicted on these charges, individuals could face as much as 15 years in prison or as little as the mandatory minimum sentence of 21 months in prison.
Compared to simple battery charges, aggravated battery with a deadly weapon is a felony charge that alleges that a deadly weapon was used in the commission of the battery.
Battery on Law Enforcement
When a firefighter, EMT, law enforcement officer, or any other protected public safety official is touched or hit against his or her will, the alleged offender could be charged with Battery on Law Enforcement. This criminal charge is a third degree felony and is punishable by up to $5,000 in fines and up to 5 years in prison.
Get the Experienced Help You Need
At Flaherty Defense Firm, we have more than 16 years helping people just like you who are facing a wide variety of assault and battery charges. In that time, we’ve learned what it takes to effectively represent people accused of these very serious crimes. Our team will examine every single aspect of the charges against you, including questioning allegations of intimidation and the presence of a dangerous weapon. Additionally, we will examine any and all possible motives for the incident, including whether or not you were provoked by the other party and acted in self-defense.
Contact our Crestview Assault and Battery Attorneys for the Help You Need
If you have been charged with an assault or battery crime in Crestview, you can either trust your case to an over-worked public defender or to an experienced, professional criminal attorney who is committed to doing everything possible to defend you. At Flaherty Defense Firm, we are available 24 hours a day, 7 days a week, so call us at (850) 398-8098 for the help you need.