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:

  • Self-defense
  • Defense of others
  • Alibi
  • 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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