Experienced Criminal Defense Attorneys Protecting Your Rights

Everyone makes mistakes. When you find yourself in trouble with the law for an assault or battery crime, criminal defense attorneys Smith and Vidal have the knowledge, experience, and integrity to defend your case and help to reduce or dismiss charges so you can get your life back to normal.

If you or a loved one has been charged with an assault, battery, or aggravated assault crime in DeLand, Deltona, Daytona Beach, or surrounding Volusia County areas, contact the criminal defense attorneys at the Law Office of Leanna J. Smith for a thorough and honest consultation.

Assault Crimes in Florida

Assault

Under Florida Statute 784.011, “Assault” is intentionally and unlawfully threatening or acting to do violence towards a person, which creates a well-founded fear of imminent violence.

Penalty: assault crimes in Florida are considered a misdemeanor of the second degree, which is punishable by up to 60 days in jail, six months of probation, and up to $500 in fines.

Aggravated Assault

Under Florida Statute 784.021, “Aggravated Assault” is considered assault (a) with a deadly weapon without intent to kill; or (b) with an intent to commit a felony.

Penalty: aggravated assault crimes in Florida are considered a felony of the third degree, which is punishable by up to five years imprisonment, five years of probation, and up to $5,000 in fines.

Battery Crimes in Florida

Battery; Felony Battery

Under Florida Statute 784.03, “Battery” is committed when a person: 1. Intentionally touches or strikes another person against their will, or 2. Intentionally causes bodily harm to another person.

Penalty: simple battery crimes in Florida are considered a misdemeanor of the first degree, which is punishable by up to one year in jail, up to one year of probation, and up to $1,000 in fines.

Under Florida Statute 784.041(1), “Felony Battery” is committed when a person intentionally touches or strikes another person against their will causing great bodily harm, permanent disability or permanent disfigurement. Felony battery can also occur when a person commits a battery while committing a felony; a person’s second misdemeanor battery charge can also be considered felony battery.

Penalty: felony battery crimes in Florida are considered a felony of the third degree, which is punishable by up to five years imprisonment, five years of probation, and up to $5,000 in fines.

If a person has one prior conviction for battery, aggravated battery, or felony battery and commits a second or subsequent battery crime, it is considered a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Aggravated Battery

Under Florida Statute 784.045, “Aggravated Battery” is defined as intentional battery to cause great bodily harm upon a person or to commit battery with the use of a deadly weapon.

In the state of Florida, a deadly weapon is any weapon used or threatened to be used in a way that could result in great bodily harm or death. Most commonly, deadly weapons are considered as:

If any object, such as a chair or a fork, is used in manner to intentionally injure or kill another person, it is also considered a deadly weapon.

Aggravated Battery on a Pregnant Person
If the victim of the battery was pregnant at the time of the incident, and the offender knew or should have known that the victim was pregnant, the crime is considered aggravated battery on a pregnant person.

Penalty: aggravated battery crimes in Florida are considered a felony of the second degree, which is punishable by up to 15 years imprisonment, 15 years of probation, and up to $10,000 in fines.

Domestic Battery by Strangulation

Under Florida Statute 784.041, “Domestic Battery by Strangulation” is committed when a person intentionally obstructs the normal breathing or circulation of the blood by applying pressure on the victim’s throat or neck, or by covering the victim’s nose or mouth so as to create a risk or cause great bodily harm. Victims in cases of domestic battery are considered family or household members, or those who the offender is in a dating relationship with.

Penalty: domestic violence by strangulation crimes in Florida are considered a felony of the third degree, which is punishable by up to five years in prison, five years of probation, and up to $5,000 in fines.

Domestic Violence Battery

Under Florida Statute 741.28, “Domestic Violence Battery” is defined as touching or striking a family member, household member, or a domestic partner against their will.

Family or household members can include spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Penalty: domestic violence battery crimes in Florida are considered misdemeanors of the first degree, and are punishable by up to one year in jail, one year of probation, and up to $1,000 in fines.

Battery on a Law Enforcement Officer

Under Florida Statute 784.07, “Battery on a Law Enforcement Officer” is defined as touching or striking a law enforcement officer engaged in lawful execution of a legal duty.

Penalty: battery on a law enforcement officer in Florida is considered a felony of the third degree, and punishable by up to five years imprisonment, five years of probation, and a $5,000 fine. Depending on the severity, battery on a law enforcement officer can also result in punishments up to a felony of the first degree.

Contact the Law Office of Leanna J. Smith

When you need an honest, dedicated criminal defense attorney to defend you against assault or battery charges in DeLand, Daytona Beach, Deltona, or surrounding Volusia County, contact the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.
Criminal Defense