FAQ | Assault & Battery in Clearwater | Tampa
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.
- 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 by 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.
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.
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.
f 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:
- Defense of others
- Mutual combat
- Accidental touching/lack of intent
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.
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.
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What Our Clients Have to Say
Testimonials found on this website are actual client reviews of Powers Sellers & Finkelstein, PLC. We appreciate our clients and their willingness to share their experiences. Please keep in mind that the success of any legal matter depends on the unique circumstances of each case: we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.
Amanda and her team were able to help our client who has been homeliness for 10 years clear his record in Florida and release him for any outstanding warrants. He now can secure a job and housing and move forward with his life.They were very efficient but most of all had a true concern for their client.
My son was charged with 2 criminal charges second-degree felony’s. We hired Jenna Finkelstein and within a week she had both charges brought down to a third-degree felony and kept us informed every step of the way. She was very personal, very down to earth, very easy to reach and always returned calls right away. He ended up with no jail time and one year probation and was off in six months with good behavior. Jenna was very proactive at our first appointment and gave us five steps to do within the first week to make it sure that we have the best outcome. Jenna went above and beyond the call of her job and really took a personal interest in our case. She gave us peace which was the most important thing at that time of our life. If anybody I know ever gets into criminal trouble.... I would highly advise them to contact Jennna Finkelstein. Thanks for your hard work Jenna. Sincerely Dad of a good kid
Amanda Sellers has done magnificent work for my back to back traffic cases. With unusual out-of-state license woes hanging in the balance she preformed well over my expectations. Above and beyond she went for me and opened the ceiling on my otherwise dark a closing tunnel. I cannot thank her enough for helping me clear my path to a calmer, clearer outlook for my future
Amanda and Jenna are wonderful attorneys that have chosen a career of helping those that can't always help themselves. Working closely with Amanda showed her passion and drive to protect the innocent while never stepping down. If you are in need of legal counsel at a great price, these two ladies will not let you down!!
There are many law firms that are all about the money… But what sets Jenna apart as an attorney and distinguishes her from the rest is her compassion and personal approach. She not only empowered us with knowledge before our case even went to court, but also provided us with the silver lining during our darkest time in the form of her emotional support and reassurance. She also made the time to help us even at the most urgent times, and she treated us with fairness and respect, regardless of our personal background. She has both the experience and true passion for helping her clients, and for that, I can’t thank her enough. So if you need an attorney, Ms. Jenna Finkelstein is the one!
This team of skilled litigator work tirelessly for thier clients. The firm has expertise in criminal law matters and personal injury litigation. They obtain exceptional results for thier clients. Known for being fierce advocate for thier clients. Without hesitation I recommend and endorse this firm.