Assault & Battery

It’s surprising how easy it is to venture over into assault territory. Even if you’re just being playful and someone takes it the wrong way, or you’re trying to defend yourself, even harmless behavior can get you in serious trouble with the law.

Though assault and battery are often mentioned in tandem, they are different charges carrying different penalties in the State of Florida. According to Chapter 784 in Florida statutes, law enforcement can arrest you for assault if you present the physical threat of harm against someone coupled with the perceived intent to follow through with that threat.

Any act that causes another person to fear physical violence from you is considered assault. Contrary to popular belief, assault doesn’t mean you actually physically harm someone; in fact, once the action becomes physical, it becomes a different charge altogether.

An assault may be charged as a felony or misdemeanor, depending on the severity of the threat against the alleged victim. Aggravated assault is usually charged as a felony, as the word “aggravated” indicates the presence of a weapon.

South Florida Lawyer 
Since “assault” is the legal term referring to the physical threat of violence or death, “battery” takes it one step further. Once physical contact is made, the law calls the behavior “battery.”

There are cases in which battery is excusable in the Florida courts; for example, you may have been acting in self defense, defending someone else, or protecting your property. Attorney Charles Mead has successfully defended people charged with several different types of assault and battery:

• Assault with a deadly weapon
• Sexual assault
• Aggravated battery
• Disorderly conduct

Aggravated assault and aggravated battery occur when these offenses are committed with a deadly weapon. Florida law defines a deadly weapon as any object used to threaten the life of another; by this definition, “deadly weapon” could mean a fountain pen. Once someone is convicted of aggravated assault or aggravated battery, these third-degree felony charges engage Florida’s mandatory sentencing laws.

Domestic Violence Defense in Boca Raton and South Florida
Every human conflict presents the potential for assault and battery. Most assault and battery calls are the result of bar fights, street fights, fights at public events such as ball games, and confrontations inside the home. When it comes to these disputes and disturbances, once the police are called the situation easily devolves into he-said-she-said. In these cases, law enforcement officers will examine any wounds (if present), and sometimes will take all involved parties to county jail.

Assault and Battery Defense Attorney in South Florida 
If you are facing charges for assault or battery, experienced Boca Raton defense attorney Charles Mead can help you resolve your legal problems in a discreet and expedient manner.  Please call today for a no-cost, risk-free initial consultation  at (561) 362-6677 in Boca Raton, (561) 366-9565 in West Palm Beach, or (954) 493-7474 in Fort Lauderdale.

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