Miami Assault and Battery Defense Attorney

Skilled Lawyer for Charges of Aggravated Assault or Aggravated Battery in Miami and Fort Lauderdale, FL

When people hear the term "assault and battery," they may think of situations where a person beats someone else mercilessly, inflicting severe injuries and possibly even putting their life at risk. However, there are many other situations where people may face criminal charges of assault and battery, including situations where no injuries occurred. Understanding the specific charges that may apply in these situations, the potential penalties, and the options for defense is crucial for criminal defendants.

If you are facing allegations of assault, battery, or a related offense, you need strong legal representation to protect your rights and build a solid defense. The Hoffman Firm provides dedicated legal help for people who have been accused of violent crimes in Miami and Fort Lauderdale. We can work with you to develop effective defense strategies and help you achieve a favorable outcome to your case.

Understanding Assault and Battery Under Florida Law

Florida law distinguishes between assault and battery, treating them as two separate offenses, though they are often charged together in certain situations.

Assault is defined as an intentional, unlawful threat—through words or actions—to cause injuries or other forms of harm to someone else. The alleged victim must have had a well-founded fear that violence was imminent for the charge to apply. No physical contact is required for an assault charge.

Battery occurs when a person intentionally and unlawfully touches or strikes another person or purposely causes bodily harm. Battery charges will only apply if there was physical contact between the accused and the alleged victim.

A person may be charged with both assault and battery if they first make a threat that causes someone to fear imminent harm and then follow through by making physical contact. However, these offenses can also be charged separately, depending on the circumstances.

Types of Assault and Battery Charges in Florida

The severity of an assault or battery charge depends on factors such as the level of harm caused, whether a weapon was involved, and whether a person had previously been convicted of a similar offense. The following are the main classifications of these offenses in Florida:

Simple Assault

The most basic assault charges involving threats or actions that caused someone to believe that they were at risk of harm are classified as second-degree misdemeanors. A person who is convicted may be sentenced to no more than 60 days in jail, fined up to $500, or both.

Aggravated Assault

Charges of aggravated assault, a third-degree felony, may apply if a person commits assault while using a firearm or deadly weapon but without the intent to kill. A conviction can result in a prison sentence of up to five years and/or a maximum fine of $5,000.

Simple Battery

The least serious battery charges may involve hitting someone or otherwise touching them against their will or intentionally inflicting injuries. A first offense for simple battery is typically classified as a first-degree misdemeanor, carrying potential penalties that include a maximum sentence of one year in jail and a possible fine of as much as $1,000.

Felony Battery

Battery may be charged as a felony if occurs when a person is accused of inflicting great bodily harm or causing injuries that lead to permanent disabilities or disfigurement. Felony charges may also apply if a person is accused of strangling someone while committing battery or if they have a previous conviction for any battery offense. These offenses may be charged as third-degree felonies.

Aggravated Battery

The most serious battery charges involve the use of deadly weapons, the intentional infliction of serious bodily harm, or a victim that a person knew was pregnant. In these cases, a person may face second-degree felony charges, and if they are convicted, they could be sentenced to prison for a maximum of 15 years, fined a maximum of $10,000, or both.

Defense Strategies for Assault and Battery Charges

A strong defense is essential for anyone who is facing an assault or battery charge. Our lawyer can examine the facts of the case, challenge the prosecution's evidence, and present a well-prepared defense. Some common defense strategies include:

• Self-Defense: You may argue that you acted in self-defense if you reasonably believed you were in imminent danger of harm and used only the necessary force to protect yourself.
• Defense of Others: Similar to self-defense, you may argue that you used force to protect another person who was facing an imminent threat of harm.
• Lack of Intent: Since assault and battery charges require intent, our defense attorney may argue that you did not willfully attempt to harm or touch the alleged victim. Accidental contact or a misunderstanding may not meet the legal definition of battery.
• False Allegations: In some cases, you may be falsely accused of assault or battery due to personal conflicts, retaliation, or misunderstandings. Our lawyer can investigate inconsistencies in the accuser's statements, witness testimony, and other evidence to challenge false claims.
• Consent: If the alleged victim consented to physical contact—such as in an agreed fight or certain sports activities—the battery charge may not be valid.
• Lack of Evidence: The prosecution has the burden of proving guilt beyond a reasonable doubt. Our lawyer can challenge weak or circumstantial evidence, unreliable witness testimony, and conflicting statements to raise doubt about the allegations against you.

Contact Our Miami, Florida Assault and Battery Charges Lawyer

A conviction for assault or battery can affect you in many ways, including a jail sentence, fines, and a permanent criminal record. If you are facing these charges or other accusations of violent crimes, you need a legal advocate who will fight to protect your rights. The Hoffman Firm is ready to provide you with dedicated legal representation and build a strong defense strategy to help you succeed in your case. To discuss your situation in a free consultation, contact us today at 305-249-0090.