The Law Offices of Germain & McCarthy, LLC criminal defense attorneys are experienced in handling assault and battery matters in Florida criminal courts. Our attorneys aggressively defend clients in Brevard County, Florida, including the cities and towns of Melbourne, Satellite Beach, Merritt Island, Titusville, Viera, Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Melbourne Beach, West Melbourne, Palm Bay and Rockledge for assault & battery charges.
The primary step in defending assault and battery cases is making our clients aware that the State of Florida makes available a diversion program for first-time assault or battery offenders who did not cause serious injury. Completing this diversion program shall result in clients being dismissed of all charges.
Assault and battery convictions are criminal offenses that could harm your reputation. A guilty plea could serious effect your criminal record and will be visible to any employer who checks your public background.
Assault and battery charges are serious crimes that are punishable by serious consequences, particularly in Florida. The Law Offices of Germain & McCarthy, LLC representation is centered on our client’s personal circumstances. It is vital that persons charged with assault or battery seek legal representation as soon as possible.
In the State of Florida, numerous locals are indicted for assault crimes at a frequent rate. An assault crime is termed as an intended, illicit threat by expression or action to cause violent harm to an individual, connected with an evident ability to do so, and performing an act that creates a well-founded fear in an individual that such violence is imminent.
Assault charges can either be misdemeanor or felony convictions, contingent on the details contiguous with the situation. An aggravated assault charge is a 3rd-degree felony punishable by imprisonment and substantial fines.
(1) An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Similar to assault, battery charges and convictions are widespread each year in the State of Florida. Battery crimes involve actual exercises of physical strength as opposed to the presence of a practical threat of use of such force. The State of Florida's battery law states that an individual is blameworthy of battery if they essentially and deliberately touches or strikes another person in opposition to the will of the victim or deliberately causes bodily injury to another individual.
In the course of committing a battery crime, intentionally or consciously causing serious bodily injury, long-term disability, or long-term disfigurement or uses a firearm or deadly weapon, the defendant could be charged with aggravated battery in Florida. A battery is also classified as aggravated battery if the defendant was aware that the victim was disabled or pregnant when the offense occurred.
According to Florida State Statute §784.03 for Battery--
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
Despite the consequences of been charged with either assault or battery in Florida, you should contact our Melbourne criminal defenses attorney to protect your future. Our attorneys are experienced in representing clients in Florida for either offense. Call (321) 253-3447 or complete our brief online form and one of our attorneys will contact you. The Law Offices of Germain & McCarthy, LLC represents clients for Assault & Battery crimes Brevard County, Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.