Assault and battery are separate crimes that carry heavy penalties for those that are convicted. Aggravated assault involves the use of a deadly weapon, such as pointing a gun at another person. In aggravated battery, the perpetrator uses a deadly weapon, intentionally causing bodily harm, permanent disability, or disfigurement. The circumstances of a conflict can bring different levels of charges against a person.

As defined by Florida Statutes:

• According to Statute §784.011, “an assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”
• According to Statute §784.03, battery occurs when a person “actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.”

The seriousness of the victim’s injury is the most significant factor in determining an assault charge. An assault charge usually results in the issuance of a restraining order to protect against violence and trauma. It can force the accused out of their home, school, or place of business. Also, the accused must give up any firearms that they possess.

What if You are Falsely Accused of Assault or Battery?

If you have been falsely accused, it is vital that you hire an experienced criminal defense attorney. Preserve evidence, document the details of your encounter with the alleged victim, and make a list of potential witnesses. A defendant may claim self-defense if they use reasonable force in defense of their property or of being illegally withheld, or if they acted in defense of another person.

At Sparrow & Fairchild, Attorneys at Law, we have observed inconsistencies in many assault and battery cases, both in the field and in a court of law. An alleged victim of an assault will sometimes wrongfully accuse an individual of violence for personal gain. It frequently occurs in a tumultuous divorce, a child custody case, domestic arguments, disputes with neighbors, or landlord-tenant conflicts. The alleged victim believes this will give them the upper hand in a court of law. Many times, innocent people are at risk of being convicted of a crime they did not commit.

Sparrow & Fairchild, Attorneys at Law will Build a Strong Case in Your Defense

A conviction for a misdemeanor or felony assault or battery charge carries harsh penalties, including substantial fines, probation, incarceration, and a criminal record. Florida enhances the penalties for assault and battery if the victim is an emergency medical care worker, a firefighter, or a law enforcement officer. A conviction will affect your career, your relationships and can easily change the course of your life.

Let us investigate the claim against you and defend your innocence. Contact Sparrow & Fairchild, Attorneys at Law at 352-421-9261. We represent clients in Marion, Citrus, Lake, Sumter, and Alachua Counties, Florida.