Tampa Criminal Defense Lawyers - Assault and Battery Charge in Tampa Fl.
Assault and battery are serious criminal charges, and if you've been charged with these offenses in the Tampa Bay area, you need to understand how to provide yourself with a zealous defense against these charges, as every defendant is afforded this right under the Constitution. Below are some details regarding assault and battery, but the first step you should take is to contact a Tampa Bay criminal defense attorney from Michael D. Fluke, P.A. immediately.
Assault
There are two "basic" categories of assault under Florida law: "simple" assault and "aggravated" assault. The distinction between the two is explained below:
"Simple" Assault
Assault is defined by Florida law 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." A "simple" assault is a second-degree misdemeanor, punishable by up to 60 days in jail.
Aggravated Assault
Aggravated assault is an assault with (a) a deadly weapon without intent to kill; or (b) with an intent to commit a felony. Aggravated assault is a third-degree felony, punishable by up to five years in prison.
Battery
Battery is somewhat more complicated in regards to how it's charged in Florida, and each variation is explained below:
"Simple" Battery
The offense of battery occurs when a person (1) Actually and intentionally touches or strikes another person against the will of the other; or (2) Intentionally causes bodily harm to another person. A person who commits battery commits a misdemeanor of the first degree, punishable by up to one year in jail.
Felony Battery
A person commits a felony battery when he or she actually and intentionally touches or strikes another person against the will of the other; and causes great bodily harm, permanent disability, or permanent disfigurement. A person who commits felony battery commits a felony of the third degree, punishable by up to five years in prison.
Aggravated Battery
A person commits aggravated battery who, in committing battery intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon.
A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. A person who commits aggravated battery shall be guilty of a felony of the second degree, punishable by up to 15 years in prison.
If you've been charged with any of these offenses, you need to contact a Tampa Bay criminal defense attorney from Michael D. Fluke, P.A. as soon as possible in order to protect your rights.
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