Daytona Beach Assault and Battery Defense
At Sam Masters Legal, we understand that assault and battery charges can be devastating. Whether you’re facing a misdemeanor or a felony, our experienced Daytona Beach criminal defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome.
Florida’s laws on violent crimes are complex. Our team is well-versed in the nuances of various assault and battery statutes, including:
Misdemeanor Violent Crimes:
- Simple Assault
- Simple Battery
- Domestic Violence
Felony Violent Crimes:
- Aggravated Assault
- Felony Battery
- Aggravated Battery
- Robbery
Felony vs. Misdemeanor
The severity of your charges can depend on various factors, such as:
- Whether a weapon was used
- The victim’s identity
- Your prior criminal record
Understanding the Difference between Assault and Battery
It’s important to understand the distinction between assault and battery:
- Assault involves a threat of violence.
- Battery involves actual physical contact.
Understanding Misdemeanor Assault Under Florida Statute Section 784.011
In Florida, a misdemeanor assault occurs when a person intentionally engages in an act or threat of violence against another person. To secure a conviction, the State must prove the following:
- Intent: The defendant intentionally acted or threatened violence.
- Appearance of Ability: The defendant appeared capable of carrying out the threat in the near future.
- Fear Induced: The victim reasonably feared imminent harm.
Note: Under Florida law, physical touching is not required for an assault charge. A threat can be sufficient if the defendant appears capable of acting on it.
Examples of Misdemeanor Assault
Examples of assault include:
- Verbal Threats: Threatening to hit or harm someone.
- Physical Gestures: Making movements that suggest an attempt to assault, such as raising a fist or swinging at someone.
- Weapon Threats: Threatening to use a weapon to harm someone.
Penalties for Misdemeanor Assault in Daytona Beach, FL
Under Florida Statute Section 784.011, a conviction for simple assault can result in a second-degree misdemeanor. This offense is punishable by up to 60 days in jail, a fine of up to $500, or both.
If the assault was committed during a riot or aggravated riot, the charge is elevated to a first-degree misdemeanor. This carries a potential penalty of up to one year in jail, a fine of up to $1,000, or both.
For a first-time simple assault offense, probation or community supervision may be an option. However, violating probation can lead to harsher penalties.
An assault defense attorney in Daytona Beach, FL can help you navigate these complex legal issues and explore potential defenses
Understanding Aggravated Assault Charges in Florida
Under Florida law, assault is an intentional threat of violence, either verbally or through actions, that causes a reasonable person to fear imminent harm. Physical contact is not required. A simple assault can be a misdemeanor or felony.
Aggravated Assault
Aggravated assault, defined under Florida Statute Section 784.021, is a more serious offense involving:
- Use of a Deadly Weapon: Threatening or using a weapon capable of causing serious harm.
- Intent to Commit a Felony: Threatening violence with the intent to commit a felony.
Elements of Aggravated Assault
To prove aggravated assault, the prosecution must establish the following:
- Intentional Threat: The defendant intentionally threatened violence.
- Ability to Act: The defendant appeared capable of carrying out the threat.
- Reasonable Fear: The victim reasonably feared imminent harm.
- Deadly Weapon or Felony Intent: The threat involved a deadly weapon or the intent to commit a felony.
Deadly Weapons
A deadly weapon can be any object used to inflict serious bodily harm. Examples include:
- Firearms
- Knives
- Hammers
- Crowbars
- Broken bottles
- Rocks
- Baseball bats
- Vehicles
Lesser Offenses
Related offenses include:
- Discharging a Firearm in Public: Florida Statutes Section 790.15
- Improper Exhibition of a Dangerous Weapon or Firearm: Florida Statutes Section 790.10
Penalties for Aggravated Assault in Daytona Beach, FL
Under Florida Statute §784.021, aggravated assault is a third-degree felony. The penalties for this offense include a maximum fine of $5,000 and up to five years in prison.
Enhanced Penalties
Several factors can lead to increased penalties:
- Weapon Use: Using a firearm during the assault can result in a mandatory minimum sentence of three years in prison. If the firearm is fired or causes injury, the minimum may rise to 25 years.
- Rioting: Committing aggravated assault during a riot, as defined in Section 870.01, can lead to a higher level of punishment. A riot involves three or more people engaging in violent or disorderly conduct that results in injury, property damage, or the threat thereof.
- Special Victims: Aggravated assault against individuals designated as “special victims” by the State may result in more severe penalties.
Understanding Battery Charges in Florida
Florida Statute § 784.03 defines battery as:
- Intentional Touching or Striking: Intentionally touching or striking another person against their will.
- Causing Bodily Harm: Intentionally causing physical harm to another person.
Penalties for Battery Charges
- Simple Battery: A first-degree misdemeanor punishable by up to a year in jail and a $1,000 fine.
- Felony Battery: If the defendant has a prior battery conviction, the charge can be upgraded to a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
Proof of Intent
In a battery case, the State must prove beyond a reasonable doubt that the defendant acted with intent. Intent is the mental purpose behind an action. It’s often inferred from circumstantial evidence like the defendant’s actions or knowledge.
Accidental Touching and Consent
- Accidental Touching: Battery doesn’t apply to unintentional or incidental contact.
- Consent: The State must prove the victim did not consent to the physical interaction. Mutual combat can be a defense if both parties consented to the altercation.
Important Considerations for Florida Battery Charges
- Indirect Contact: Throwing an object at someone can constitute battery, even if there’s no direct physical contact.
- Special Victims: Battery against law enforcement, correctional officers, or other designated individuals may result in enhanced penalties under Florida Statutes § 784.07.
Summary: Potential Penalties for Battery & Assault Charges
The penalties for assault and battery can be severe, including:
- Misdemeanor Battery: Up to one year in jail, fines, and probation.
- Felony Battery: Up to five years in prison, fines, and probation.
- Aggravated Battery: Up to 15 years in prison, fines, and probation.
- Domestic Battery: Specific minimum mandatory penalties apply.
- Victims with Special Status: Charges can be elevated if the victim is a law enforcement officer, healthcare provider, or elderly person.
Daytona Beach Violent Crime Defenses
When facing violent crime charges, there may be potential defenses that can help. Our attorneys will carefully analyze your case to determine the best strategy. Common defenses include:
- Self-Defense
- Defense of Others
- Defense of Property
Daytona Beach Battery and Aggravated Battery Defense
A violent crime charge can have serious consequences. However, an arrest does not equate to a conviction. Understanding the charges you face and having the right legal representation is crucial. If you’re facing battery or aggravated battery charges in Daytona Beach or the surrounding areas, contact Sam Masters Legal.
Our experienced Daytona Beach criminal defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. We meticulously examine the prosecution’s case, identifying weaknesses and potential errors made by law enforcement. By utilizing relevant evidence, we strive to have your charges reduced or dismissed.
Sam Masters Legal serves clients throughout Daytona Beach and the surrounding region, including Volusia, Flagler, and Deland, FL. Our team has a proven track record of successfully defending individuals accused of various criminal offenses. Call us at (386) 252-4717 or leave a message online for a free consultation. We’re ready to fight for your freedom!