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Assault and Battery laws in Fort Lauderdale, part of the Florida state legal system, identify Assault as intentional threats, words or actions that cause a person to fear imminent physical harm. Battery, on the other hand, involves intentional physical contact or harm caused to another person. In Fort Lauderdale, both these offenses can be charged as misdemeanors or felonies, depending on the severity of the incident.
Whether you are a victim seeking justice or an accused needing defense, having knowledgeable legal representation is essential. A lawyer can help you understand the charges, the possible penalties, navigate complex legal procedures, and help protect your rights. Furthermore, a seasoned attorney can help explore possible defenses or argue for reduced charges, if applicable. In the case of victims, a lawyer can ensure correct filing of charges and help obtain any possible compensatory damages.
Florida State law (§784.011) describes assault as an intentional unlawful threat by word or act to do violence to another person, accompanied by an apparent ability to do so, creating a genuine fear in another person that violence is imminent.
Battery (§784.03) occurs when a person intentionally strikes another person against their will, or intentionally causes bodily harm. Further, aggravated battery is described as striking another person with a deadly weapon or causing serious bodily harm, permanent disability or disfigurement. The penalties for these offenses can range from fines and probation to imprisonment.
Assault involves an intentional act that makes another person fear they might be harmed, whereas battery involves actual physical contact or harm caused to the person.
Penalties for assault can include up to 60 days in jail and a fine of $500. Battery can include up to 1 year in prison or a fine up to $1,000. Charges can be elevated to aggravated assault or battery, leading to significantly higher penalties.
Yes, common defenses include self-defense, mutual combat, defense of others, or lack of intent. A competent lawyer can help determine the most suitable defense strategy based on the specific circumstances of the case.
While verbal abuse can be traumatic, it does not constitute assault unless there's an accompanying threat of physical harm that creates a genuine fear in the victim of an imminent attack.
While preliminary charges can be dropped, once the state has filed them, only a state attorney has the power to drop them. However, the decision of the victim plays a role in the decision-making of the prosecutor.
The Florida State Legislature's website provides complete details about assault and battery laws. Also, the Florida Bar Association's Lawyer Referral Service can direct you to local lawyers who specialize in Assault & Battery cases. In addition, the website of the local Clerk of Courts provides details on how to file cases and other related documents.
If you are involved in an assault or battery situation, reach out to an experienced attorney without delay. They can guide you through the specifics of your case, explain legal terms and procedures, and represent you during court proceedings, if necessary. Additionally, familiarize yourself with local laws related to assault & battery and gather all possible evidence in case of a legal dispute.
