Knowledgeable Assault and Battery Criminal Defense Lawyer in Fort Walton Beach, Florida
Legal definitions of "assault" and "battery" differ from state to state. Basically, in Florida, an assault is committed when you threaten to hit or harm someone. Battery is committed when you actually do hit or harm someone.
I'm attorney Tim Flaherty, and I can defend you with passion and purpose if you are charged with either of these crimes. I have experience with both types of cases. I will diligently protect your presumption of innocence and do whatever it takes to defend you against the charges.
Assault
With an assault charge, the alleged victim’s testimony is required to prove assault. One of the elements necessary to prove assault was that a threat “creates a fear in a person that violence is imminent.” In other words, we have to know how the victim felt. Assault can be a misdemeanor or a more serious felony.
A misdemeanor assault occurs when a person threatens to do imminent harm to someone, and the person feels threatened.
Aggravated assault occurs when a deadly weapon — a knife, a gun, a car or just about anything else that could cause harm — is used when the threat is made. This is a third degree felony, punishable by up to 5 years in state prison.
Battery
There are three main types of battery charges:
- Domestic Violence
- Aggravated Battery — the state must prove that the act was intentional, that it either caused great bodily harm or permanent disfigurement, or that a deadly weapon was used, or committed against someone they knew to be pregnant. It is punishable by up to 15 years in prison
- Felony Battery — a battery committed by someone who has a prior battery conviction, or is committed against a "protected class" of people like police, firemen or nurses, is an automatic felony
Serious charges require high-quality legal representation.
If you are charged with assault, battery or both, you're facing fines, prison, stress for your family, and the loss of your reputation. I will leverage my experience and knowledge to defend you and to produce a positive outcome in your case. Contact me today for a free consultation and an honest assessment of your case.
