Assault and Battery Lawyer

If you are accused of committing an Assault or Battery on another person, it is imperative that you contact Powers Sellers & Finkelstein PLC immediately for a free case review.  Our Skilled Assault and Battery Attorney Firm will conduct an in-depth case review with you which includes an explanation of the elements of the charge(s) and an evaluation of the facts to determine any defenses that may exist.


What is an Assault?

There are several levels and variations of the crime of assault.  A simple assault is the intentional, unlawful threat to do violence to another person while having the apparent ability to carry out the threat and as a result creating a well-founded fear in the other person.  An assault can be by word or by act.  If a deadly weapon or firearm is used during the assault you may be charged with aggravated assault which is a felony in the state of Florida.


What is a Battery?

Battery is much like in an assault in that there are several different variations and levels of the charge.  A battery occurs when a person actually and intentionally touches or strikes another person against the will of that person or intentionally causes bodily harm to another person.  If you have a prior conviction (or withhold of adjudication) on any battery related offense, you can be charged with Felony Battery.  Additionally, if the victim sustains great bodily injury or, a deadly weapon is used, you may be charged with Aggravated Battery. Aggravated battery is a 2nd degree felony punishable by up to 15 years in prison.


Possible Defenses to Assault & Battery:

There are many defenses that an Assault and Battery Lawyer can provide.  The most common defense is self-defense.  In other words, you were defending yourself during the commission of what the state attorney has charged as an assault or battery.  You may have been defending another person.  Many factors must be evaluated before you settle for any offer the state attorney’s office has given to resolve your case, including but not limited to:

  • Is the charge a Felony or a Misdemeanor?
  • Is the charge filed in a way that qualifies for Sealing or Expunction?
  • Will the charge have any effect on your living arrangements?  It is important to know that most rental agencies and apartment companies do a background check.  If you are currently living in an apartment will entering a plea to the charge initiate an eviction notice?  Will you be able to rent in the future if you are convicted as charged?
  • Does the victim wish to prosecute?
  • Was the victim a family member?

Should I Hire an Attorney for My Assault or Battery Case?

YES- as soon as possible.  It is much more beneficial to get an experienced attorney involved early on in cases like these.  Often times information can be submitted to the state attorney’s office that was not previously given during the investigation.  Mitigating circumstances can be explained early on in an effort to encourage the state attorney’s office to drop the charges.


How Can our Attorneys Help You?

The Assault and Battery Lawyer Firm of Powers Sellers & Finkelstein PLC have  over 16 years of combined experience defending clients charged with all levels of Assault and Battery.  We will begin investigating your case immediately.  We will advise what steps you can take to minimize or even eliminate the stress involved in defending this type of case.  Call for a free consultation today and let our team put our knowledge of the criminal justice system to work for you.  All Criminal Charges are serious and you need a skilled Assault and Battery Attorney on your side.


Assault & Battery FAQs

Can I have have a jury trial on a misdemeanor battery?

Absolutely, everyone charged with a crime in the state of Florida is entitled to a trial by jury.  Powers Sellers & Finkelstein have represented thousands of Criminal Cases including Assault and Battery charges in Florida and know the law.  Trust in our Firm to provide the Legal Counsel you deserve.


What makes a battery a felony?

There are several different reasons why a battery may be charged as a felony:

  • Prior Battery conviction – If you have been convicted of one prior battery charge whether it is a misdemeanor or a felony, you may be charged with felony battery upon your second battery arrest.  This is a third degree felony punishable up to five years in prison.
  • Aggravated Battery – You may be charged with a felony battery if the battery caused great bodily harm, permanent disability or permanent disfigurement.
  • Aggravated Battery with a Weapon – A battery involving a weapon or the intent to cause great bodily harm or permanent disfigurement is considered aggravated battery which is a felony.
  • Battery on an Elderly Person – When the victim is over the age of 65, and the defendant knew or should of know the age of the victim, he or she may be charged with felony battery.
  • Battery on a Law Enforcement Officer or Medical Person – A battery committed against a law enforcement officer or a medical person may be charged as a felony battery.
  • Battery Involving children – Felony battery charges can result in certain cases where the child is a victim.  See our discussion under sex crimes and violent crimes for more information.

Will the State Prosecute me for a Battery on an Elderly Person?

If you knew or should have known that the victim was over the age of 65, the state may prosecute you for battery on an elderly person.  Although the prosecutor makes the ultimate decision on what to prosecute you for, he or she will take into consideration what the victim’s position is regarding the case.


The Victim Does Not Want to Prosecute, Will the State Drop the Charges?

If an alleged victim does not wish to prosecute, he or she may file a request not to prosecute.  Although the prosecutor takes a victim’s wishes into consideration, there is no guarantee that the charges will be dropped.  You should hire an experienced assault and battery defense attorney to represent you so that all of your possible defenses are explored.  Named victims may not be credible because they may have a criminal record and/or they may have a reputation in the community for violence.  These scenarios can have a tremendous effect on your case if presented properly and promptly to the prosecuting agency.


I Was Arrested During a Baker Act, is that Legal?

Yes- law enforcement may arrest you for battery if the act is committed during the process of a Baker Act.  Additionally, you may be arrested if you are being committed under a Marchman Act as well.  Typically, the alleged victims in these cases are law enforcement officers or medical personnel.  When the alleged victims fall into these categories, the charge becomes a felony.  It is recommended that you consult an experienced battery defense attorney if you are arrested for these types of charges because there are numerous defenses that should be explored.


Do I Have a Defense if I Go to Trial?

If you have decided to set your case for trial you should know what types of defenses may be available to you for your assault or battery case.  Hiring an experienced assault and battery defense attorney is the first step.  We are highly trained as experienced assault and battery defense attorneys who will fight for your rights.  You may have one or more defenses that can be asserted.  The following is a list of common defenses for assault and battery cases:

  • Self-defense
  • Defense of others
  • Alibi
  • Mutual combat
  • Accidental touching/lack of intent

Is an Assault a Misdemeanor or a Felony?

A simple assault is a misdemeanor.  An aggravated assault is a felony.  The difference between an assault and an aggravated assault is that an aggravated assault involves the use of a weapon.  The range of possible penalties depends on whether a weapon was used and what type of weapon was used.  The use of a firearm will carry stricter penalties including some minimum mandatory prison sentences depending on how the firearm was used.


Do I Need a Lawyer if Charges Have Not Yet Been Filed?

Early intervention is extremely important if you have been arrested for a battery charge.  There are always two sides to every story- sometimes more!  Your side of the story is important but do not try to tell your side without the assistance of an attorney.  Everything you say can and will most certainly be held against you.  Exercise your right to remain silent and let us do the work for you.


Contact Powers Sellers & Finkelstein Today

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Legal Disclaimer:

Hiring a Criminal Defense Attorney in Clearwater or the surrounding areas of Tampa Bay is an important decision that should not be based solely upon lawyer advertisements or internet marketing. The information contained in this internet website should not be construed to be formal legal advice or the formation of an attorney/client relationship. You should speak with an attorney directly about the facts of your case. Contact our office to request additional information about our attorneys today.


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