Assault and Battery Attorney in Bradenton

What is Assault and Battery?

Many people use the terms “assault” and “battery” interchangeably, but in legal contexts, they have distinct meanings.

Definition of Assault

Assault occurs when someone intentionally threatens another person with violence, creating a reasonable fear of imminent harm. Importantly, physical contact does not have to occur for an assault charge to be filed.

Definition of Battery

Battery, on the other hand, involves actual physical contact. It occurs when a person intentionally touches or strikes another individual against their will or causes bodily harm.

Types of Assault and Battery Charges

The severity of assault and battery charges depends on several factors, including intent, injury severity, and whether a weapon was involved. Common classifications include:

• Simple Assault – A misdemeanor charge involving threats or minor physical contact that does not result in serious injury.
• Aggravated Assault – A more serious offense involving the use of a deadly weapon or intent to commit a felony.
• Simple Battery – Involves unwanted physical contact without serious injury.
• Aggravated Battery – A felony charge involving serious bodily harm, disfigurement, or the use of a deadly weapon.

Potential Penalties for Assault and Battery in Florida

Assault and battery convictions carry severe consequences, including jail time, fines, and lasting damage to your criminal record. Understanding the potential penalties is crucial:

Simple Assault (Misdemeanor)

• Up to 60 days in jail
• Fines up to $500
• Possible probation and community service

Aggravated Assault (Felony)

• Up to 5 years in prison
• Fines up to $5,000
• Possible restitution to the victim

Simple Battery (Misdemeanor)

• Up to 1 year in jail
• Fines up to $1,000
• Possible anger management courses

Aggravated Battery (Felony)

• Up to 15 years in prison
• Fines up to $10,000
• Additional penalties if a firearm was involved (e.g., mandatory minimum sentencing under Florida’s 10-20-Life law)

Legal Defenses Against Assault and Battery Charges

Each case is unique, and an experienced assault charges attorney will examine all available defense strategies to protect your rights. Some common defenses include:

• Self-Defense: You may have a valid self-defense claim if you acted to protect yourself or another person from harm. Florida’s “Stand Your Ground” law allows individuals to use force when they reasonably believe it is necessary to prevent imminent harm.
• Lack of Intent: For an assault or battery charge to be held, the prosecution must prove intent. Accidental physical contact or unintentional threats may not constitute a crime.
• False Accusations: Sometimes, individuals face false accusations due to personal disputes, revenge, or misunderstandings. Your attorney can investigate inconsistencies in the accuser’s statements and gather evidence to refute the claims.
• Mutual Combat or Consent: If both parties voluntarily engaged in a physical altercation, the charges and penalties could be impacted.
• Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the alleged assault or battery occurred. Charges may be dismissed if there is a lack of credible evidence or witness testimony.

How an Assault Charges Attorney Can Help

If you are facing assault or battery charges, securing legal representation is crucial. A skilled attorney can:

• Evaluate your case and explain potential outcomes.
• Develop a strong defense strategy.
• Negotiate plea deals to reduce charges or penalties.
• Challenge evidence and witness testimony.
• Represent you in court, fighting for your best interests.

At McNary Powers, our criminal defense attorneys are dedicated to protecting the rights of individuals in Bradenton, Lakewood Ranch, and Sarasota. We understand the impact a criminal charge can have on your life and work tirelessly to achieve the best possible outcome for your case.

Additional Practice Areas

Aside from assault and battery cases, McNary Powers also provides legal representation in:

• Domestic Violence Defense – Assisting individuals facing domestic violence allegations and restraining orders.
• DUI Defense – Fighting DUI charges to protect your license and freedom.
• Juvenile Crimes – Defending minors accused of criminal offenses.
• Weapons Charges – Representing clients in illegal firearm possession or use cases.
• Family Law Matters – Divorce, child custody, and support modifications.

Conclusion

Assault and battery charges are serious offenses that can result in life-altering consequences. If you or a loved one is facing such charges, securing an experienced assault charges attorney is essential. At McNary Powers, we offer aggressive legal defense tailored to your case, ensuring that your rights are protected every step of the way.

If you are in Bradenton, Lakewood Ranch, or Sarasota and need a trusted criminal defense attorney, contact us at (941) 345-1662 today for a confidential consultation. Let us help you navigate the complexities of the legal system and fight for your future.