Destin Assault And Battery Attorney
If you have been arrested for charges of assault or battery in Destin, please contact my office at (850) 243-6097 to set up a free consultation. These charges are serious and can be harmful to your future if they are enhanced from a misdemeanor to a felony.
I’m Tim Flaherty. Since 2001, I have been defending locals, vacationers, and military members accused of assault or battery in Destin, Florida.
Sometimes, people are confused about the difference between assault and battery. In Florida, assault is the threat to hit someone, and battery is actually hitting them. 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 is a misdemeanor offense punishable by up to 1 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. In most circumstances, this charge is a second degree felony with a potential sentence of 15 years in prison.
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 in Destin 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 I take on an assault or battery case in Destin, the first thing I do is look at the elements of the offense and see how they match up to the facts of my 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, I will explore possible issues of self-defense, or provocation. If the alleged victim in your case was from out of town (this is very common), I will immediately set the case for trial. This is often successful in getting cases dismissed when the alleged victim doesn’t want to come back to Florida to testify.
Since 2001, I’ve been defending assault and battery cases in Destin so I know what to look for. I know how to raise the correct issues at the right time to give you the best chance of winning your case.
Get Help with your Destin Assault and Battery Case
Assault and Battery charges in Destin are serious. A conviction could have life-changing consequences. Give yourself the best chance possible and call me at (850) 243-6097. You do not have to face this alone. Call Flaherty Defense Firm today.