Tampa Assault and Battery Lawyer

Tampa Assault and Battery Attorney

If you or a family member is facing assault and battery allegations, you need to speak with an experienced Tampa assault and battery lawyer at Jeff Marshall Law immediately. Even being charged with a violent crime can have an enormous impact on your life, and a conviction can lead to serious consequences like jail time, high fines, probation, and a permanent criminal record. The compassionate and skilled legal team at Jeff Marshall Law is here to help.

With decades of experience in criminal defense in the Tampa area, your attorney at Jeff Marshall Law takes a “never surrender” approach to each case and devotes the time and attention each client deserves. Our goal is to achieve the most favorable outcome possible in your case, and we fight tirelessly to provide the fierce representation and trial skills needed to protect your interests, your rights, and your freedom.

Florida Assault and Battery Laws Explained

In Florida, assault and battery are two different criminal offenses, although they are often discussed as one. Assault refers to threatening someone with physical harm, being capable of following through, and making the victim believe you will physically harm them. Battery is the physical touching or hitting of someone else without their consent. Therefore, assault and battery occurs when someone threatens another person and then harms that person physically.

Penalties for Assault and Battery

Both assault and battery can each be misdemeanor or felony charges, depending on the severity of the crime, whether the victim is in a vulnerable class, whether the offender has previous convictions, the relationship between the offender and the victim, and several other factors. For example, a fight that breaks out between spectators at a sporting event could result in different charges than a domestic abuse incident between spouses.

Because both offenses are considered violent crimes, the penalties for a conviction can be harsh. A simple assault conviction in Florida is a second-degree misdemeanor that can lead to up to sixty days in jail and fines up to $500. Aggravated assault includes the threat of using a deadly weapon or showing a deadly weapon and, as a felony, carries more severe penalties: up to five years in prison, five years of probation, and a $5,000 fine.

Simple battery, because it is more violent and involves physical harm to the victim, is a first-degree misdemeanor that is punishable with up to a year in jail and a $1,000 fine. Aggravated battery is a second-degree felony that involves more severe injuries or the use of a deadly weapon to harm someone. Convictions can mean up to fifteen years in prison, fifteen years of probation, and $10,000 in fines.

In Tampa, Florida, there can be additional penalties if the victim is part of a vulnerable class that has special protections in place. Some examples include:

• Law enforcement officers
• Employees of a jail or prison
• Government officials
• Health care providers
• Pregnant people
• People over 65
• Children

Statute of Limitations

The statute of limitations is the amount of time a prosecutor has to charge someone with a crime. Since assault and battery can vary widely in severity, statutes of limitations for these offenses vary as well. Some examples are:

• Simple assault – one year
• Aggravated assault – three years
• Simple battery – two years
• Aggravated battery – three years

Although assault and battery are often charged together, they are still separate charges, so the statutes of limitation apply accordingly. Additional factors may also impact the statute of limitations. For example, if a person flees the state, it may be placed on hold.

FAQs

Q: What Counts as Assault?

A: Any threat of violence against someone else may count as assault, including words or actions. Some examples include verbally threatening to hurt or kill another person or attempting to hit someone but not making contact with them. In some cases, yelling or using extreme profanity or slurs may count as assault. Assault may or may not involve showing a deadly weapon such as a knife, gun, or baseball bat. Typically, cases involving deadly weapons result in harsher charges and punishments.

Q: How Serious Is a Battery Charge in Florida?

A: How serious a battery charge is in Florida depends on several factors, including the severity of the injuries, the age of and occupation of the victim, whether a weapon was involved, if the perpetrator and victim were related, and whether the defendant has a prior history of violent crimes. In less severe cases, offenders may be eligible for having their adjudication withheld or charges reduced, while the most severe cases can lead to long jail sentences and high fines.

Q: What Are Some Effective Assault and Battery Defenses?

A: An effective assault and battery defense is one that provides solid evidence that the defendant did not commit the crime. Because each case is unique, it is important to tailor the defense strategy to the specific circumstances. Some common strategies include self-defense, defense of others, an alibi, or presenting evidence that the police arrested the wrong person. A skilled Tampa criminal defense attorney can develop a strong defense for your specific case.

Q: How Much Does a Defense Lawyer Cost in Florida?

A: The cost of hiring a defense lawyer in Florida varies based on several different elements. These include the nature and severity of the charges, how complex the case is, the lawyer’s experience and reputation, the location, and whether the case goes to trial. Make sure you discuss cost and payment the first time you meet with your lawyer, as well as their fee structure, such as whether they charge a flat fee or by the hour.

Jeff Marshall Law: Experienced Legal Guidance for Your Assault and Battery Case

At Jeff Marshall Law, we strive to achieve the most positive outcome possible for your criminal case. Your defense lawyer can provide legal guidance, evaluate your case, develop a personalized defense strategy, and protect your rights from beginning to end. Get the legal help you need. Contact Jeff Marshall Law right away to schedule an initial consultation and discuss your legal options.