In St. Petersburg, Florida, battery crime is taken very seriously and can result in severe and life-changing penalties. Depending on the circumstances of the crime and the damage and injury caused, if you are convicted of battery, then you could be facing large fines, time behind bars or on probation, and a permanent criminal record.
If you have been accused of battery in St. Petersburg, then you should seek legal representation from a knowledgeable criminal defense attorney. At The Law Place, we have a highly skilled team of attorneys with an abundance of experience in dealing with assault and battery cases like yours. By contacting The Law Place, you will receive a free consultation with an experienced lawyer. During this consultation, your lawyer will assess your case and offer some free, no-obligation legal advice on the next best steps to take. Call us today at (941) 444-4444 and get started with your case.
What Is the Difference Between Battery and Assault?
As noted in Flordia Statute 784.03, a battery offense occurs when a person actually or intentionally touches or strikes another person against their will or intentionally causes bodily harm.
Assault can be defined as intentionally putting a person in reasonable apprehension of imminent offensive or harmful contact, meaning that physical contact is not required for an act of assault to take place.
Assault and battery are often collectively discussed. However, under Florida law, they are classed as two separate offenses. The key legal difference between assault and battery crimes is that in the act of physical violence, assault refers to the act that causes the victim to apprehend and feel threatened by impending physical harm, whereas battery refers to the actual act of causing physical harm.
The severity of penalties incurred for an assault or battery crime will depend on several factors, including whether the offender is convicted of a misdemeanor or a felony. Assault and battery crimes can be classified as simple or aggravated and may include:
- Simple battery – This occurs when a person inflicts harm upon another person, usually through physical contact.
- Aggravated battery – As highlighted in Florida Statute 784.045, aggravated battery is much more serious and is a charge given to people who inflict more severe forms of physical violence, potentially using a deadly weapon.
- Simple assault – This involves a person threatening another person with imminent violence.
- Aggravated assault – This is a charge given to a person who commits more severe forms of threats, potentially using weapons.
It is also worthwhile knowing that a deadly weapon is usually classed as an object, instrument, or substance that is intended to be used in a way that can cause injury, great bodily harm, or even death.
What Penalties Are Associated With Battery?
If you are charged with battery in St. Petersburg, FL., then you will most likely be charged with a first-degree misdemeanor and may incur the following penalties:
- A maximum fine of $1,000.
- Up to a year in jail.
- Up to a year on probation.
- A permanent criminal record.
Aggravated battery is a much more serious crime, and therefore, the crime is classified as a felony. As a result, the penalties are elevated and can include:
- Up to 20 years in jail.
- A maximum fine of $10,000.
- A permanent criminal record.
The extent of the punishments that you will receive if charged with battery in Florida will vary greatly according to a variety of factors. These factors may include the extent of the injury and bodily harm caused and whether you have committed an offense before or have an outstanding criminal record.
At The Law Place, we strongly recommend that you seek legal advice as soon as possible after the incident. An experienced assault and battery lawyer will develop the best possible defense strategy and do all they can to ensure you receive the best possible outcome.
We’re here to serve you. Our phones are open 24 hours a day. What Common Defences Are Used Against an Assault and Battery Charge in St. Petersburg?
At our law firm, we have an abundance of collective experience in dealing with battery charges and other related practice areas. A knowledgeable battery lawyer will be able to develop a strong legal defense case. Depending on the circumstances of the offense, an experienced attorney may be able to use the following defense strategies:
- The alleged battery was accidental.
- The individual was engaged in mutual combat with the alleged victim.
- There is a lack of evidence of intent.
- The act was committed in self-defense or in defense of another person.
- The act was committed in defense of your property.
- The alleged victim consented to the physical act.
- There is a lack of evidence showing that the alleged victim was even touched.
- The object, instrument, or substance used was not a ‘deadly weapon.’
We’re Florida’s top litigation team with over 75 years of combined experience Contact The Law Place in St. Petersburg Today!
If you have been arrested or charged with assault or battery in St. Petersburg, FL., then we highly recommend that you contact The Law Place as soon as possible. Our law firm has over 75 years of collective experience in defending the accused.
At our law firm, all our customers are entitled to a free consultation where they can discuss their case and receive valuable legal advice from an experienced criminal attorney on the next best steps to take. If you chose to proceed with our law firm, then we will do our utmost to ensure you receive the best possible outcome and have your penalties reduced or even dropped.
At The Law Place, our phone lines are open around the clock, so an experienced criminal defense attorney can be here to offer support and legal advice whenever you need it most. What are you waiting for? Call us today at (941) 444-4444and get started with your case.
