”Assault - An intentional and illegal threat of violence from one individual to another. The intent is to create a legitimate fear that harm or violence is imminent.
When Do You Contact
A Tampa Criminal Defense
Lawyer Regarding Assault or Battery?
In Florida, simple assault is a misdemeanor. According to the statute, an assault takes place when an individual, by word or act, makes an intentional threat to commit violence towards another person, has the apparent ability to carry out the threat, and does some act which creates a well-founded fear in the other person that such violence is imminent.
What is Assault?
To prove that an assault has taken place, there has to be a trial. The State will have to establish three things factually beyond a reasonable doubt: The person being accused made an intentional threat, by word or act, to cause violence against the plaintiff; When the person made the threat, they had the ability to carry it out; and The threat made the victim fearful that violence was about to occur.
What is Battery?
In Florida, simple battery (also called misdemeanor battery) is a misdemeanor, and the penalty can include jail time, probation, and a fine of up to $1,000. You could spend one year in jail if convicted. The statute defines it as: Any striking or touching of an individual that was intentional (and non-consensual), or You intended and caused physical harm to another individual,
Should I Hire a Tampa Criminal Defense Lawyer?
Florida’s penalties for simple assault and simple battery can be severe and our Tampa criminal defense lawyers will examine your case carefully , analyzing every element of your case to provide you with the best possible defense at this difficult point in your life. Furthermore, it is important to reach out to a criminal defense attorney early on to ensure you’re not missing out from defenses that may not be available later on down the line.
All cases vary and the defenses for each are unique to thier situation. it would be near impossible to list all the potential defenses to simple assault and simple battery, however below are some of the more popular defenses:
- No real fear on the part of the victim;
- Stand Your Ground;
- Defending your home;
- The victim provoked the defendant;
- Idle threat with no real intention of carrying it out;
- False accusations;
- No ability to carry out the threat
Finding An Assault Or Battery Attorney In Tampa
If you have been charged with simple Assault Or Battery and you're in need of legal help, contact a criminal defense lawyer at The Law Office of Mahmud Yennes. We will work hard on your case!Free Consultation