Assault & Battery
Assault and battery are separate and distinct crimes, although many people use the terms interchangeably. Assault is a threat, by word or act to do violence to another and at the time the threat was made, the threatened violence must have appeared imminent and made the victim fearful that the violence was about to take place. Battery is when a person intentionally touches or strikes a victim against his will. The main difference between the two is a battery requires physical contact and an assault only requires the threat of violence – without contact.
Assault is a second-degree misdemeanor punishable by up to sixty days in the county jail. Battery is a first-degree misdemeanor punishable by a maximum of one year in the county jail. Battery is also a crime where the punishment may be increased if you have had prior battery offenses or if the victim’s injury is serious or permanent. In addition, both assault and battery can be reclassified to a higher-level offense if the crimes are directed to a certain type of victim like: law enforcement, the elderly (65 or over), firefighters, emergency medical providers and pregnant women.Aggravated Assault and Battery with a deadly weapon in Sarasota
If a person commits either an assault or a battery with a deadly weapon then the crime becomes a felony, which can result in a prison sentence. Aggravated assault, is a third-degree felony punishable by a maximum of five years in prison, and is a simple assault committed with a deadly weapon without intent to kill or with the intent to commit a felony. Aggravated battery is a second-degree felony punishable by up to fifteen years in prison, even for a first offense. An aggravated battery occurs when a person commits a battery and either intentionally causes great bodily harm, permanent disability or disfigurement, uses a deadly weapon, or commits a battery against a woman the defendant knows or should know is pregnant.
A deadly weapon can be just about anything as long as “it is used or threatened to be used in a way likely to produce death or great bodily harm,” according to Florida’s standard jury instructions. This means that a person can be found guilty of aggravated battery with a deadly weapon even if the defendant never actually touched the victim with the weapon and was just holding it during the commission of a simple battery. If the aggravated assault or battery is committed with a firearm, then even more serious consequences may occur like minimum mandatory prison or the application of Florida’s 10-20-Life statute.
Other crimes that are related to assault and battery are stalking, culpable negligence and violation of injunctions or orders of protection. If the assault or battery is against a spouse or other family member, then they become domestic violence charges and are treated more harshly than if the crimes were committed against a non-family member.Have you been charged with an Assault or Battery in Sarasota, Venice, or Bradenton?
When you hire Sarasota Battery attorney Anthony G. Ryan to handle your case, he will immediately get your side of the story so he can begin to come up with a game plan to best defend your rights. He will speak to witnesses and try to collect as much favorable evidence as possible before it is too late. Attorney Ryan will also determine whether you acted in self defense or if Florida’s Stand Your Ground Law will make you immune from prosecution.
Even if you did it or you don’t want to waste the time and expense necessary to go to trial, Sarasota battery attorney Anthony G. Ryan will try to negotiate the best possible plea agreement with the state. Attorney Ryan will also try to minimize the long term negative consequences of your criminal battery or assault case by trying to get the charge dropped, reduced or placed into a pretrial diversion program, so the charge can be sealed or expunged once everything is completed. Assault and battery attorney Anthony G. Ryan knows that there are alternative ways to resolve a criminal case and will be glad to lead you down the path of your choice, whether that be diversion or PTI, counselling and treatment, or convincing the state to drop your charges, he will work tirelessly to get you the best possible resolution tailored to fit your needs.
Contact an experienced Sarasota assault and battery lawyer like Anthony G. Ryan right now so he can get to work on your case immediately.