Assault & battery are serious charges that can carry significant jail or prison sentences. If you’ve been accused of assaulting or battering someone, you need to work with a trusted West Palm Beach assault & battery lawyer who can help.
The legal team at the Law Offices of Nellie L. King has extensive experience in representing clients facing assault & battery charges. We know how to find and exploit weaknesses in a prosecutor’s case and how to leverage those weaknesses to get the case outcomes our clients hope for. From negotiating plea deals to representing clients at jury trials, and even filing post-trial motions, we have what it takes to provide you with a robust defense.
There are approximately 475 assaults per 100,000 residents in West Palm Beach each year. Many assault cases also include battery charges, which is why it’s important to hire an assault & battery lawyer if you have been arrested. Your attorney can help you build an effective defense strategy, collect evidence to support it, and represent you in court if your case goes to trial.
Working with a skilled lawyer is the most effective way to obtain positive results in your case. You can trust your attorney to offer informed advice about when to accept a plea deal versus taking your case to court, represent you in negotiations and at trial, and vigorously protect your rights and interests throughout the legal process. Having a lawyer on your side can also help to reduce some of your stress during this difficult time.
While assault & battery are typically charged together, they’re actually two different crimes in Florida. Assault refers to the threat of violence. Battery involves actual physical contact. You can be guilty of assault without touching another person. This may seem like a minor distinction, but a conviction of assault & battery could have a significant impact on your life. Assault penalties are generally less severe than those associated with battery convictions.
There are three elements of an assault case in Florida. These elements are listed below:
How the threat is communicated can matter. Intimidating actions, gestures, or spoken words can all be cause for assault charges to be brought against an individual. For example, raising your fist while you are yelling at someone could be considered a reasonable cause for fear of imminent harm.
It’s only when a defendant makes physical contact with a victim that Florida classifies a crime as a battery. To prove this kind of case, the prosecutor must show that you intentionally struck or touched the victim in an unwanted way. The victim must not have consented to the contact, and the intent of the contact must have been to intentionally cause bodily harm to another person.
Aggravated assault involves the use or display of a deadly weapon. It’s a third-degree felony, while simple assault is a second-degree misdemeanor.
Aggravated battery occurs when someone does any of the acts below to another person:
The use of a deadly weapon can also trigger aggravated battery charges. Aggravated battery is a second-degree felony, while simple battery is a first-degree misdemeanor. You could face prison time at Loxahatchee Road Prison or another nearby facility for aggravated assault.
Speak Directly With an Experienced Defense Attorney
The cost for an assault & battery lawyer varies from case to case. More experienced attorneys tend to charge more for their services. Also, it typically costs more to resolve complex cases that must go to a full jury trial than simple ones that are easily resolved through plea negotiations. If your case is thrown out before it goes to trial, that could also affect how much you can expect to pay overall.
Battery is generally worse than assault in Florida because battery involves actual physical contact, while assault can involve only the threat of immediate violence with no touching required. Aggravating factors can influence the severity of both assault & battery charges, which can complicate the determination of what kind of sentence you may be subject to. Aggravated assault charges are more serious than simple battery charges, for example.
If you physically assaulted someone, you need a West Palm Beach assault & battery attorney. An assault & battery lawyer can help you whether you’re facing simple assault charges or felony battery charges. Your attorney can build a strong defense for you that could allow you to avoid the worst potential assault penalties.
The amount of jail time you do for battery in Florida depends on the severity of the offense. You could face up to one year in jail for simple battery, a first-degree misdemeanor, or up to 15 years in prison for aggravated battery, which is a second-degree felony. Aggravating factors that can influence your prison sentence include things like the use of a deadly weapon, intentionally causing permanent disfigurement, or the victim being pregnant.
If you’ve been charged with assault, battery, or both, you need an experienced West Palm Beach assault & battery lawyer who can help you construct an effective defense strategy. Whether your case is being handled by the Palm Beach County Criminal Justice Complex, located on Gun Club Road, or the Palm Beach County Main Courthouse, located on North Dixie Highway in West Palm Beach, don’t put off hiring legal counsel.
Contact the team at the Law Offices of Nellie L. King. Our dedicated legal team focuses exclusively on criminal defense, including assault & battery cases. We are committed to advocating for our clients’ rights and interests.
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