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In Orlando, a city within the state of Florida, United States, assault and battery are considered separate crimes. Assault refers to the intentional and unlawful threat, by word or act, to do violence to another person, coupled with an apparent ability to do so. On the other hand, battery refers to intentionally touching or striking another person against their will, or intentionally causing bodily harm.
In cases of assault and battery, a lawyer is extremely beneficial in navigating the legal nuances, court systems, and the broad nature of assault and battery law. You may need a lawyer if you have been charged with assault or battery, if you are a victim of assault or battery, or if you believe you may soon be charged with such crimes. A lawyer can help you understand your rights, form a defense, or guide you through the process of pressing charges.
In Florida's law, simple assault, a second-degree misdemeanor, is punishable by up to 60 days in jail, 6 months of probation, and a $500 fine, while aggravated assault, a third-degree felony, is punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine. Battery, a first-degree misdemeanor, is punishable by up to one year imprisonment, one year of probation, and a $1,000 fine. Depending on the circumstances and severity, a battery charge can be elevated to felony battery or aggravated battery.
Assault refers to the threat of physical harm, where there is an apparent ability to carry out the threat. Battery, however, involves actual physical contact or harm.
Aggravated assault or battery occurs when the crime involves a deadly weapon, or the intent to commit a felony. The consequences for these charges are more severe.
Yes, you can press charges if you are a victim of assault or battery. A qualified lawyer can guide you through the process.
Yes, even if you're innocent, legal representation is crucial to ensure your rights are protected and to build a strong defense case.
Some defenses include lack of intent, self-defense, defense of others, or consent. However, the best approach depends on the specifics of your case.
Legal aid services such as The Legal Aid Society of the Orange County Bar Association, free online resources like the Florida State Statutes, and organizations like National Crime Victim Law Institute can provide valuable information and assistance.
If you are in need of legal assistance in cases of assault and battery, it is advisable to consult with a qualified attorney. Gather all the facts and evidence related to your case and contact a criminal defense attorney. An attorney can help you understand the charges and potential defenses, and guide you through the legal process.
