Aggravated Assault and Battery Enforcement, Penalties, and How a Lawyer Can Defend Your Rights
Posted on December 28, 2012 in: Miami Crime
Aggravated assault and battery are often discussed together, but in Florida, they are considered two separate crimes. They can be minor or severe crimes with penalties and fines. According to the Florida Department of Law Enforcement, instances of aggravated assault showed a decrease during the first half of 2008.
Because there is such a range in penalties for aggravated assault and battery, it is always important to seek legal representation if you are ever faced with these charges. A criminal lawyer can review your case and inform you of your rights in Miami.
Assault refers to threats of harm against another person. The threats can be verbal or physical. Florida recognizes three types of assault. You can be charged with basic assault if you threaten someone and cause the victim to fear for his or her life but do not follow through on your threat. Aggravated assault refers to the intent to harm someone physically through the use of a weapon.
If the defendant purposely touches or strikes the victim, the charge is then elevated to battery. Simple battery refers to unwanted, non-consensual contact between the two parties. The defendant must have initiated the contact purposely, and the victim must have explicitly refused the contact.
Aggravated battery refers to the defendant using a deadly weapon or causing severe bodily harm, such as disability, scarring or disfigurement. A person also can be charged with aggravated battery if he or she caused harm to a pregnant woman, and the person knew that the woman was pregnant.
In Florida, basic assault is considered the least serious of the crimes, while aggravated battery is the most serious. A criminal lawyer can help you differentiate between the various degrees of assault and battery in Miami.
Aggravated Assault and Battery Defenses
If you are accused of aggravated assault and battery in Miami, your criminal lawyer can use various defenses as to why you committed the crimes.
Defenses for aggravated assault and battery might include:
- defending property or another person from harm;
- accident/unintentional; and
- mutual consent.
Basic assault carries misdemeanor charges, as well as fines up to $500 and 60 days in jail. Basic battery also carries misdemeanor charges, with up to $1,000 in fines and one year in jail. Aggravated assault and battery both carry felony charges. Aggravated assault is punishable by five years in jail and $5,000 in fines.
Aggravated battery is more severe, punishable by a $10,000 fine and 15 years in jail. If the defendant has prior convictions, the charges and penalties may be increased. The penalties may also be elevated if the victim works in law enforcement or in the healthcare field.
Contacting a Criminal Lawyer in Miami
It is not recommended that you defend yourself from aggravated assault and battery charges. These are potentially serious crimes, depending on the details of the case. Without the proper defense, you could be paying unnecessary fines or serving jail time for crimes that you did not intend to commit.
If you are accused of aggravated assault and battery in Florida, you need professional legal help. Falk & Ross Law Firm can connect you to an aggressive criminal lawyer who will fight for your rights in Miami. Contact them today for a free consultation at 1-305-741-6997.
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