Assault and Battery Attorneys
Serving Jacksonville, Jacksonville Beach and throughout Florida
People often confuse the crimes of assault and battery. An assault is a threat by word or act to do violence to another while a battery is intentionally touching or striking another against their will.
An assault is a second degree misdemeanor but a battery is a first degree misdemeanor punishable by up to one year in jail.
Aggravated Assault / Battery
Both assault and battery can become “aggravated” in which case they become felonies. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. A third degree felony punishable up to 5 years in prison.
Aggravated battery is a battery that causes great bodily harm, involves the use of a deadly weapon, and is committed on a pregnant female or a person age 65 or older. It is a second degree felony punishable up to 15 years in prison.
Battery also becomes a felony when the person who commits the battery has a prior conviction for battery, aggravated battery or felony battery. For purposes of this law “conviction” means a determination of guilt whether adjudication is withheld or a plea of nolo contendere is entered. This crime is a third degree felony punishable up to 5 years in prison.
With certain felonies, If a person carries, displays, uses, threatens to use or attempts to use any weapon or firearm, then the crime can be reclassified to a higher crime.
Battery or Assault on a Law Enforcement Officer
Assault and battery committed on a law enforcement officer or firefighter performing their duty is also a third degree felony punishable up to 5 years in prison.
Contact the Criminal Defense Attorneys at Hardesty, Tyde, Green & Ashton Right Away
A criminal record can follow you around for the rest of your life. Even if you do not serve jail time, you could lose your ability to work, lose military status, and even disqualify yourself from state and federal aid.
If you have been arrested or you were questioned regarding an assault or battery case, do not risk defending yourself alone. The team of highly skilled defense attorneys at Hardesty, Tyde, Green & Ashton is here to protect your rights and your future.
Do not risk your freedom. Contact our criminal defense attorneys today. We offer free case evaluations, so there is no risk for contacting us. Contact us today for a free consultation regarding your assault and battery case.