Assault & Battery Defense Attorneys in Martin County
Building a Strong Case Strategy for Residents of Jupiter & the Surrounding Areas
While the terms "assault" and "battery" are used interchangeably, they are considered separate offenses that carry their own legal repercussions. Deckard, Kofsky & Clark, LLC has the tenacity, skill, reputation required to help you create an effective defense strategy for your case. From initial consultation to the conclusion of your case, you can count on our attorneys to aggressively protect your rights and best interests.
In Florida, assault is referred to as a threat of violence that leads the victim to fear harm. This offense does not include physical contact between the would-be assailant and victim. For someone to be convicted of this crime, the prosecuting attorney must prove, beyond a shadow of a doubt, that the would-be assailant intended to harm the victim.
They can do this by proving:
- The defendant wished to harm the victim
- The defendant caused the victim to feel fear of a violent action occurring
It is up to the defendant and their attorney to prove there was no criminal intent behind their claim, it was meant as a joke, or it was a miscommunication between the parties.
Depending on the severity of the encounter, there are a few different punishments for a criminal assault conviction.
These punishments are:
- Simple Assault: A second degree misdemeanor which may result in up to 60 days in jail and/or a fine not exceeding $500
- Aggravated Assault: A third degree felony which may result in up to 5 years in prison and/or a fine not exceeding $5,000
In Florida, criminal battery occurs when a person makes physical contact with another person. To prove an instance of battery, the victim must show that the defendant intentionally struck them against their will.
Depending on the severity of the encounter, there are a few different punishments for a criminal batter conviction.
These punishments are:
- Simple Battery: A first degree misdemeanor which may result in up to 1-year imprisonment and/or a fine not exceeding $1,000
- Felony Battery: A third degree felony which may result in up to 5 years imprisonment and/or a fine not exceeding $5,000
- Aggravated Battery: A second degree felony which may result in up to 15 years imprisonment and/or a fine not exceeding $10,000
An aggravated assault or battery charge against specific victims is an automatic second-degree felony. Usually these victims are assaulted or battered while they are trying to perform their workplace duties.
Individuals who qualify as special victims are listed below:
- Law enforcement officials
- Breath test operators
- Public transportation drivers
- Parking enforcement officers
- Security officers
- Employees at a detention or commitment center
- Code inspectors
Certain special victims do not need to be performing workplace duties when the assault or battery takes place.
These individuals include:
- CPS employees
- People over the age of 65
- Sports officials
- School employees
- Visitors or detainees in a jail or correctional facility
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A felony assault or battery conviction can seriously impact your life for months or years to come. It can affect your ability to vote, find reliable work, own a firearm, and more. Let Deckard, Kofsky & Clark, LLC help you defend yourself against this allegation.
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