Fort Lauderdale Assault & Battery Lawyer
Assault and battery are two commonly charged crimes in Broward county and contrary to popular belief, they are often charged separately because they represent two different types of criminal conduct. Both assault and battery are considered to be crimes of violence and any such allegation should be taken seriously. Assault and battery crimes are best handled by an experienced Fort Lauderdale criminal defense attorney because charges range from misdemeanors to very serious felonies. Legal representation is highly recommended because of possible jail sentences and lifelong consequences. Were you the true victim? Law enforcement often times does not see the events take place and end up arresting the victim instead of the true attacker. Assault and battery laws include sensitive criminal allegations such as domestic violence and crimes against children or the elderly.
Common Types of Assault & Battery Charges:
- Aggravated Assault
- Aggravated Battery
- Aggravated Assault with a Deadly Weapon
- Aggravated Battery with a Deadly Weapon
- Sexual Assault
- Sexual Battery
- Assault or Battery against a Police Officer
- Battery Causing Serious Bodily Injury
Defending Assault & Battery Cases in Broward County
Top rate preparation is the best way to beat assault and battery charges. The earlier you hire a Broward criminal attorney, the earlier they can begin negotiating the charges with the prosecutor and discovering the alleged victim’s level of cooperation with the Broward County State Attorney’s Office. Defending an assault or battery case in Fort Lauderdale can come down to one of two strategies, skillful negotiation of the best plea deal possible or aggressive defense and trial preparation. Until all the facts come to light, it is often difficult to determine which strategy is best for a case. Our trial lawyers are former state prosecutors with hundreds of assault and battery cases worth of experience.
Victim’s Don’t Decide to Press Charges, Prosecutors Do
Unfortunately for those accused of assault or battery and their criminal defense lawyers, victims do not get to decide whether criminal charges are filed. Once an arrest is made, the prosecution is the sole decider of whether to proceed with criminal charges. Often clients walk in to an initial consultation and say the victim will be dropping the charges. These clients are frequently surprised when they learn that after the victim spoke with the prosecutor the prosecutor still decided to proceed with charges. Don’t rely on a victim’s promise they will have the charges dropped. They don’t have the final vote in the atter. The best defense to assault and battery charges is a hard working criminal defense lawyer.
Common Fort Lauderdale Assault & Battery Charges
Simple battery in Broward is a very easy crime to understand and explain. A simple battery is the intentional touching of another person against their will. This touching can be in the form of a slap, push, punch, or other method of direct bodily contact. Frequently, a domestic violence dispute is charged as a simple battery.
Simple assault is a little less clear cut of a crime as battery. Simple assault is the intentional threatening of violence towards another person, with the apparent ability to carry out the threat, where the threat creates a well-founded fear in the victim that such violence is imminent. An example would be where an attacker stands in front of the victim and threatens to punch the victim and then makes a swinging motion towards the victim’s head but misses and does not actually make contact. In this case, as long as the victim had a well-founded fear that violence was imminent, an assault occurred.
Aggravated battery is similar to simple battery but the injury is greater or the victim is part of a special class. For the sake of understanding aggravated battery, it is a battery in which the victim suffers great bodily harm or permanent disfigurement. These injuries include severe wounds, scars, and/or broken bones. Also, a simple battery becomes an aggravated battery if the victim is a pregnant woman who the defendant was aware, or should have known, the woman was pregnant
An aggravated assault is an assault in which a deadly weapon is used or the defendant committed an assault with the intention to commit a felony. A classic example of aggravated assault is where the defendant points a gun at the victim in order to scare the victim. Aggravated assaults are a serious matter because of the Florida minimum mandatory jail sentences that apply to charges involving firearms.
Assault & Battery Penalties
Penalties can vary because the laws relevant to assault and battery crimes cover a range of activity from simple misdemeanors to complicated felonies. Simple battery is a first degree felony with a potential jail sentence of up to one (1) year in jail and a $1,000 fine. Felony battery charges come with a minimum jail exposure of five (5) years in prison and other felony battery charges, including those with firearms face more than the five (5) years. Losing at trial on assault and/or battery charges will likely result in a jail or prison sentence so preparation and strategy are key to your assault and/or battery case. Preparing your defense early on means better results in the future.
Fort Lauderdale Criminal Lawyer
If you have been arrested for assault and battery in Fort Lauderdale or Broward County call the offices of Pagan & Stroleny, P.L. to immediately schedule your free consultation, (954) 256-1464. Our former prosecutors have firsthand experience fighting assault and battery allegations and they want to fight for you. We understand your need for privacy after an assault or battery allegation and when speaking to our staff and attorneys, confidentiality is guaranteed.