Assault & Battery

Misdemeanor Assault
Assault can be a difficult charge for the State to prove.  Our Tampa assault attorneys will explain what is lawfully considered to be Assault and/or Battery.  It is the necessity to understand that the victim must have had a reasonable fear that a violent act was about to be performed against him or her.  Further, the Defendant must have had the capability to perform the threatened act.  Depending on the circumstances, a simple Misdemeanor Assault can be charged as a serious Felony.  

If you have been charged with an Assault it is imperative to contact an experienced Tampa Assault Defense Attorney as there may be valid defenses to the charge. Contact our office immediately for a free consultation with a partner.

Misdemeanor Battery
By Florida Statute, Battery occurs when someone actually and intentionally touches or strikes another person against their will; or intentionally causes bodily harm to another.  Battery, by definition, must be intentional, otherwise there isn’t a valid battery charge.  Battery can also be charged despite the victim not being the intended recipient of the strike.  Under a theory of transferred intent, people often get charged for battering someone they had no intention of battering.  All the state must prove in this situation is that the overt act that caused the harm was intentionally done, despite the overt act being intended for someone else.  Like Assault, if there is a weapon involved or serious injury results from the incident on which the battery is based, a simple misdemeanor battery can be charged as a felony, implicating serious repercussions. 

If you or someone you care about are facing an assault or battery charge, call our office as soon as possible for a free consultation with a  partner.