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Daytona Beach Assault & Battery Lawyer

Helping Fight Assault & Battery Charges in Volusia County

An arrest for assault or battery is a very serious matter. Anyone facing assault & battery charges stands to face a conviction that could seriously affect their reputation, personal life, and future. If you are found guilty of assault and battery, you could be sentenced to imprisonment, large fines, restitution to the victim, probation or parole, community service, and more.

Although these charges are often grouped together, assault and battery are actually two separate criminal offenses. Do not let your charges turn into a conviction because you failed to retain the legal counsel you need with Hager & Schwartz, P.A.

By speaking with a skilled Daytona Beach assault & battery attorney, you will undoubtedly maximize your chances of beating your charges and resolving your case successfully.

Florida Assault Laws

To put it in simple terms, assault is threatening to harm someone else. Found in Florida statute §784.011, simple assault is threatening to commit violence against someone, or intimidating them to the point where they reasonably suspect or believe that you might harm them. This means that no physical contact is actually necessary to warrant a conviction—the mere threat alone is enough.

Under Florida law, simple assault is classified as a second-degree misdemeanor, which means those convicted face the following penalties:

  • Up to 60 days in jail
  • A fine of up to $500

However, this is subject to modification if any aggravating factors are present.

Florida Aggravated Assault Laws

As its name implies, aggravated assault is an assault charge where aggravating factors are present. The most common aggravating factor in an assault charge is the use of a deadly weapon like a firearm, bladed instrument, or blunt instrument. However, aggravated assault does not include an intent to kill, only to threaten. Using a firearm to threaten a victim in an armed robbery is a good example.

Aggravated assault is considered a third-degree felony, which means those convicted face:

  • Up to five years in prison
  • A fine of up to $5,000

It’s also not uncommon for first-time offenders to receive jail time as a part of their sentence.

Florida Battery Laws

You’ve probably heard of the term “assault and battery” before, usually because the two crimes are committed alongside each other. Whereas assault is threatening harm against someone, battery is actually following through on the threat. Or to be more specific, any unwanted touching or physical contact against someone, often with an intent to cause physical injury. Battery is the criminal act of striking, hitting, kicking, or making some type of physical contact with the victim with the intent to inflict injury or pain.

Simple battery, or battery without any aggravating factors, is a first-degree misdemeanor, carrying up to a year in prison. However, battery with a deadly weapon or against someone who the offender knew or should have reasonably known was pregnant is a second-degree felony, which carries up to 15 years in prison.

Begin Building a Defense to Your Assault & Battery Case Today

    When faced with any of these charges, it’s best to find an attorney you can trust to fiercely defend you against your charges, and to work hard to help you resolve your case in the best possible way. At Hager & Schwartz, P.A., you can depend on us to use our experience and knowledge of the Florida criminal system to build a strong defense on your behalf, and help you fight your charges to avoid a conviction!

    To learn more about the defense services you can retain at our firm, please feel free to contact a Daytona Beach assault & battery lawyer at our office today!

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