Destin Assault And Battery Attorney
Assault and Battery defense lawyer defending local residents and vacationers in Destin.
If you have been charged with assault or battery, please contact our office at (850) 243-6097 to set up a free consultation. These charges are serious and can be devastating if they are enhanced from a misdemeanor to a felony. Our criminal defense team has experience defending Destin assault and battery cases for both local residents and visitors.
To clear up any confusion about the difference between assault and battery, listed below are the statutory definitions of both offenses.
Battery Offenses in Destin, Florida
Battery is defined in Fla. Stat. 784.03: “Battery occurs when a person actually and intentionally touches or strikes another person against their will.”
If there is no allegation that a weapon was used in the commission of the battery, or if there was no serious injury suffered by the alleged victim, the appropriate charge is simple battery. Battery charges are misdemeanor offenses punishable by up to one year in jail and a $1,000.00 fine.
When a battery is committed with a dangerous weapon, it will be charged as the felony offense of Aggravated Battery with a Deadly Weapon.
Assault Offenses in Destin, Florida
Assault is defined by Fla. Stat. 784.011: “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.”
Assault charges can be charged as a misdemeanor or a felony. The determining factor is whether a weapon was used to commit the threat.
If no weapon was used, the charge will be misdemeanor assault. This is a second degree misdemeanor punishable by up to 60 days in jail.
If a deadly weapon is used, the charge will be Aggravated Assault. Depending on whether there was actual intent to kill, the charge will either be a second degree or a third degree felony with a possible sentence of between 5 and 15 years in prison.
Defending Assault and Battery cases in Destin
Any time we take on an assault or battery case, the first thing we do is look at the elements of the offense and see how they match up to the facts of our client’s case. In an assault case, that may mean determining whether the accuser was truly in fear, or whether there was an actual weapon used. In a battery case, we will explore possible issues of self-defense or provocation. If the alleged victim in your Destin assault and battery case was from out of town (this is very common), we will immediately set the case for trial and file a demand for speedy trial. This is often successful in getting cases dismissed when the alleged victim doesn’t want to come back to Florida to testify.
In short, we have over 16 years of experience defending assault and battery cases in Destin so we know what to look for. We know how to raise the correct issues at the right time to give our clients the best chance of fighting their charge.
Getting help with your Destin Assault and Battery case
Assault and Battery charges are serious. A conviction could have serious, life-changing consequences. Give yourself the best chance possible and call us at (850) 243-6097. You do not have to face this alone. We are ready to stand with you, so call Flaherty Defense Firm today.