Many people believe assault and battery are one and the same, but they are actually two separate offenses. The simple difference is that while battery requires touching but not necessarily injury to the victim, assault does not involve touching. An individual may be charged with battery for making even the slightest physical contact with the alleged victim, if the touching was intentional. It is important to note that if you are accused of assault or battery, the fact the person accusing you was not injured is not a defense. At Adams, Luka, & Benton, our Tavares assault & battery lawyers can help you understand the distinction between these crimes, and provide you with unsurpassed legal guidance and representation.
Lake County, FL Assault ChargesIn Florida, all that is required for someone to be charged with assault is for a person to display a threatening action such as clenched fists or an object that could cause injury while possessing the ability at that time to carry out or inflict the threat of violence. As mentioned, no physical contact is necessary for you to face criminal charges. The extent or severity of the situation may leave the accused facing either simple or aggravated assault.
Misdemeanor and Felony Battery Charges in Tavares, FLWhile battery does involve physical contact, even though the alleged victim may not suffer any injury or harm whatsoever the perpetrator may face a first-degree misdemeanor charge that carries a maximum one-year jail sentence for those found guilty, along with possible fines of up to $1,000.
When the accused does actually cause great bodily harm or permanent disfigurement or disability upon striking or touching another person, it may be charged as a felony offense. If a deadly weapon is used to inflict harm or injury, you may be charged with aggravated battery. Regardless, those convicted of battery could possibly face prison time depending on the strength of the evidence brought by prosecutors and the details of your specific case. Additionally, a criminal record will impact various aspects of your life including employment opportunities, housing, obtaining a loan, and more. Hiring a skilled criminal defense attorney in Tavares who is experienced with assault and battery cases greatly enhances your chances of obtaining good case results.
Proven Defense Against Assault & Battery Charges in Lake County, FLAt Adams, Luka, & Benton we understand that it is difficult to differentiate between assault and battery for many clients. However, there are effective defense strategies that may be used in either case, depending on the circumstances. Prosecutors must prove the defendant is guilty beyond a reasonable doubt. In some cases, a dispute that involves assault and/or battery among family members may be considered domestic violence. Our Tavares criminal defense attorneys are skilled, experienced, and dedicated to securing the best possible result in your case. Contact us now for a free consultation at 407-872-0307.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.