William B. Bennett, P.A. | Criminal Defense For A Assault and Battery Charge
What Is Assault?
According to Florida Law the term assault is referred to an unlawful threat of violence to a person by word or action. In order for an assault charge to be proven, the crime must accompany an apparent ability to carry out the threat. Assault in the State of Florida is considered a second degree misdemeanor. However, aggravated assault with a deadly weapon without the intent to kill, typically carries a third degree felony conviction.
What’s The Difference Between an Assault and Battery Charge?
In many cases, we hear of “assault” and “battery” going together in a single charge. However, they have different characteristics. While assault is intentionally issuing a threat towards another with the ability to follow through with that threat, battery is the actual follow through. Battery involves contact, whereas assault does not. For example, brandishing a knife towards someone can be considered assault if it resulted in a fearful situation.
What is Battery?
Battery occurs when a person strikes or touches another against their will and with the intent to cause bodily harm to them. Battery carries a first degree misdemeanor charge unless the convicted party has a prior offense. Then, if a person has a prior battery charge, an additional battery charge becomes a third degree felony. You can learn more about Florida’s battery laws here.
Aggravated battery os a second degree felony and occurs when a person causes great bodily harm, permanent disfigurement or disability to another through the use of a deadly weapon. Aggravated battery also applies in situations where the victim is pregnant and the person commits the crime knowing the victim is pregnant.
Is Stalking Considered Assault?
Stalking is considered an obsessive following, watching and contacting of another person. It can also be an obsessive attempt to engage with another person. For example, following another person with the intention of gaining intimate knowledge of their whereabouts on a daily basis can be considered a form of stalking.
It can also include privacy violations where one person seeks out and obtain’s another person’s identifying information. One can use this information to contact a person, access computer records, personal files and obtaining other contact details without the person’s consent.
Stalking is difficult to prove unless a credible threat is present and documented. In many cases, it is considered criminal harassment. However, aggravated stalking with a credible threat and deadly weapon can carry a punishment of a third degree felony.
Assault and Battery Charge Attorney
If you have an assault and battery charge or stalking charge against you, it is important to hire the right criminal defense attorney to represent you effectively. The Law Office of William B. Bennett has provided criminal defense for clients involving sex crimes, white collar crimes and other criminal charges for over 25 years.
So, when it comes to an assault and battery charge, we are confident in our ability to help you navigate the criminal justice system for the best possible outcome in your case. The right representation will create a plan for your defense to help ensure your assault and battery charge won’t follow you around for life. Call our office today at (727) 821-8000 or contact us through our website here.