Fort Lauderdale Assault and Battery Attorney

Lawyer Defending Clients Against Assault Charges in Fort Lauderdale, FL

When a person is accused of intentionally injuring someone else or threatening to do so, they could be arrested and charged with assault and battery. Prosecutors may take a harsh approach in these cases, and a person could face serious penalties, even in situations where the facts are unclear or the incident was based on a misunderstanding. The consequences of a conviction can affect a person for years to come, and a strong defense is crucial in these situations.

At The Hoffman Firm, our Fort Lauderdale criminal defense lawyer understands the seriousness of these accusations. We provide legal representation that is focused on minimizing the impact of criminal charges on our client's life. We work closely with clients to help them understand the legal process and to ensure that they have a strong advocate on their side. By providing thoughtful and compassionate legal guidance, we help ensure that our clients can approach criminal cases successfully.

We strive to help our clients achieve the best possible outcomes in their cases, whether that means securing an acquittal in a criminal trial, having a case dismissed, or receiving reduced charges that will minimize the penalties that could affect a person's life. While Attorney Hoffman provides compassionate support in criminal cases, he will not hesitate to challenge the prosecution's narrative and aggressively advocate for his client's rights.

Assault and Battery Under Florida Law

Assault and battery are treated as distinct crimes, although they are often charged together. Understanding how these offenses are defined is essential for anyone who may face prosecution.

Assault

A person may be charged with assault based on accusations that they intentionally threatened another person with violence, causing the person to fear that they would suffer harm. No physical contact is necessary for this charge. Examples of situations where someone could be charged with assault include:

• Raising a fist during an argument and threatening to punch someone.
• Moving toward another person aggressively while making verbal threats.
• Yelling threats from close proximity in a way that makes the other person believe violence is about to occur.

Battery

A person could face charges of battery if they are accused of intentionally touching or striking another person against their will. The intentional infliction of physical harm may also result in battery charges. Examples of situations where someone could be charged with battery include:

• Pushing someone during a confrontation.
• Slapping or punching another person in a heated dispute.
• Throwing an object that strikes someone.

Even actions that do not cause injuries may still qualify as battery under the law, as long as the physical contact was intentional and non-consensual.

Aggravated Assault and Aggravated Battery

Assault is typically charged as a second-degree misdemeanor, which carries a maximum prison sentence of 60 days. Battery is usually classified as a first-degree misdemeanor, which could lead to a prison sentence of up to one year. However, more serious assault and battery charges may apply in certain circumstances. Aggravating factors could lead to felony charges for aggravated assault or aggravated battery.

In cases where a person is accused of committing assault while using a deadly weapon or with the intent to commit another felony offense, they could be charged with aggravated assault. This is a third-degree felony, and a person who is convicted could be sentenced to up to five years in prison.

Charges of aggravated battery may be based on accusations that a person used a deadly weapon or intentionally inflicted serious injuries. This offense is a second-degree felony that could lead to a prison sentence as high as 15 years.

Possible Defense Strategies for Assault and Battery Charges

Every case of assault or battery involves its own set of facts, and the right defense will depend on a careful review of the evidence. Our attorney will evaluate each case thoroughly to determine which legal strategies may be most effective. The options may include:

• Self-Defense: A person may be allowed to use force when it is reasonably necessary to defend themselves from harm. If evidence shows that the accused acted out of self-defense, this may serve as a defense to both assault and battery charges.
• Defense of Others: In cases where a person used force to protect someone else from immediate danger, their actions may have been legally justified. The degree of force used must be appropriate to the perceived threat.
• Lack of Intent: Intent is a required element of both assault and battery. If contact was accidental or a person's words or actions were misunderstood as a threat, their lack of intent may serve as a defense. For instance, bumping into someone in a crowded place or raising one's voice without making a direct threat may not meet the legal standards for assault or battery.
• Consent: If both parties agreed to physical contact, a person's conduct may not be considered unlawful. Consent can serve as a defense to battery charges in some cases.
• False Accusations: In emotionally charged situations, it is not uncommon for someone to be falsely accused of assault or battery. Our lawyer can investigate the credibility of witnesses, examine inconsistencies in their statements, and uncover any motives that a person may have had to fabricate or exaggerate their claims.

Contact Our Fort Lauderdale, Florida Assault and Battery Defense Lawyer

Following an arrest and charges of assault and/or battery, it is crucial to take action to protect your rights and your future. The earlier you contact the criminal defense lawyer at The Hoffman Firm, the more time there will be to develop a strong defense strategy. Contact our Fort Lauderdale assault and battery defense attorney today at 954-524-4474 to schedule a free, confidential consultation and begin building your defense.