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Assault & Battery are two separate offenses defined under the Florida law. Assault does not involve physical contact with the victim but involves threatening intentional unlawful violence, causing fear of harm. Whereas, Battery involves intentional touching or striking of another person against their will or causing bodily harm to the individual. In Miami, the penalties for both Assault and Battery can range from mild (minor fines) to severe (prison sentence), based on factors such as severity of harm, use of weapon and past criminal records.
Having a reliable and seasoned lawyer can be crucial in Assault & Battery cases. A lawyer can help shape your defense, present crucial evidence and negotiate for reduced sentences or penalties. It is particularly crucial to hire a lawyer if you’re falsely accused, facing repeat charges, if your case involves a weapon, or if you’re eligible for a diversion program. It is always better to consult with a lawyer before making any major decisions like pleading guilty.
According to Florida law, a simple assault is considered a second-degree misdemeanor, carries a penalty of up to 60 days in jail, six months of probation, and a fine of $500. Aggravated Assault, on the other hand, carries up to five years imprisonment, five years of probation, and a fine of $5,000. A Basic Battery offense is viewed as a first-degree misdemeanor, which can lead to a year imprisonment, one year of probation, and a $1,000 fine. An Aggravated Battery is second-degree felony, leading up to 15 years of imprisonment, 15 years probation, and a $10,000 fine.
Assault involves a threat of harm that makes a person fear imminent violence, while Battery involves actual physical contact or harm.
The term "aggravated" is used when there are aggravating circumstances present during the commission of the crime. These circumstances may include use of a deadly weapon, targeting of a pregnant woman, or serious bodily harm inflicted.
Yes, it is possible to face both charges if you've been involved in a situation where you threatened harm and also physically harmed the victim.
Even minor charges can have significant consequences, including a potential criminal record or future implications. Therefore, it is strongly advised to seek legal representation no matter the severity of the charge.
Once the charges have been filed by the state, it is the state that controls the case. The victim cannot drop charges, but they can express their wishes to the prosecutor who can decide to dismiss the case.
Some helpful resources for understanding Assault & Battery law in Miami include:
If you're facing Assault & Battery charges in Miami, consult with a lawyer immediately. It's vital to understand your rights and potential defenses. Consider arranging for a consultation with a criminal defense attorney familiar with Assault & Battery laws in Miami. Ensure to gather all information about your case including evidence, witnesses, and police reports, as these details could be crucial for your defence.
