Assault & Battery Lawyer In Lakeland

Tirelessly Advocating To Secure Fair Outcomes For Our Clients

Assault and battery make up some of the most common violent crimes in America. While the two terms are often used interchangeably, they are two distinct charges in Florida. And though the two criminal offenses certainly have varying levels of severity, they can both land you behind bars. For this reason, you must speak with an assault and battery lawyer in Lakeland before making any decisions about your case.

At DeMichael Law, our legal practice is dedicated to providing our clients with a solid criminal defense. Just because you have been charged with a crime does not automatically mean you are guilty. Although a prosecutor may downplay the severity of a conviction, particularly for first-time defendants, the legal consequences can last a lifetime.

Depending on whether the charges are filed as a misdemeanor or felony, a conviction can have long-lasting legal implications that can prevent you from achieving your life goals. Therefore, you must hire an experienced criminal defense attorney who fights to protect your rights and freedom.

Contact our Lakeland, FL, law office today to discuss your case and identify your options.

What Is The Definition Of Assault And Battery In Florida?

A common misconception is that “assault and battery” refers to a single criminal charge. However, assault and battery may be charged separately.

An assault charge means that someone allegedly made a physical or verbal threat toward another person. However, to be charged with assault, the threat must be coupled with an ability to carry out the action and create a well-founded fear in the alleged victim that they may be harmed.

Alternatively, a battery charge occurs when someone allegedly touches or strikes another person without their consent. Engaging in any activity that causes bodily harm to another person also falls under this definition. As such, threatening or attempting to harm someone is assault, but engaging in physical contact is battery. While the two are different charges, they are closely related.

Due to the severe penalties and legal implications of assault and battery crimes, you must speak with a Lakeland assault and battery lawyer immediately if you are facing allegations of either crime. At DeMichael Law, our skilled criminal defense attorney has extensive experience helping clients with assault or battery charges and will work tirelessly on your behalf.

What are the Different Types of Assault and Battery Offenses Recognized Under Florida Law?

Florida law recognizes several different types of criminal offenses that may be charged as assault and battery and include:

Simple assault: An individual may be charged with simple assault, a second-degree misdemeanor, if they threaten to harm another and cause fear in the victim. However, simple assault charges are often challenging for the state to win because they must prove intent
Aggravated assault: A person may face aggravated assault charges if there was intent to commit a felony or a deadly weapon was involved
Aggravated battery: A defendant may face an aggravated battery criminal charge if the crime was committed with a deadly weapon and the intent to cause great bodily harm. Under state law, an aggravated battery crime is charged as a third-degree felony
Felony battery: Felony battery may be charged if the alleged perpetrator strikes or intentionally touches another and results in the victim suffering great bodily harm
Domestic battery: The battery offense stemmed from a domestic violence situation that involved a household or family member

If you have been charged with assault and battery charges in Lakeland or Polk County, you must seek legal representation immediately. Our skilled criminal defense attorney has comprehensive experience handling assault and battery cases and will work tirelessly to help you avoid a criminal record.

Contact DeMichael Law today so we may determine what defense strategies meet your needs.

What Are The Criminal Penalties For Assault And Battery Charges?

Because assault and battery are separate offenses, the penalties for a conviction vary significantly. For example, an assault conviction can land a person in jail for up to 60 days and a fine of $500. The penalties are far more severe if an individual is convicted of battery. A battery conviction can result in a $1,000 fine and up to one year of jail time. The circumstances of the case will dictate whether a maximum sentence is handed down.

However, it is essential to understand that assault and battery penalties will increase depending on the severity of the crime. For instance, if a defendant is charged with a third-degree felony assault, they could be sentenced to five years in prison000 fine. Furthermore, depending on the defendant’s criminal history, the accused could face enhanced felony charges. Additionally, penalties increase significantly if a deadly weapon is involved, or an alleged victim is seriously harmed.

Due to the potentially life-altering consequences that may accompany a conviction, you must work with an assault and battery lawyer in Lakeland. These criminal cases are rarely as straightforward as one might hope. Contact our law firm today to speak with our assault and battery attorney to learn more about your legal options.

What Are Valid Legal Defenses for Assault and Battery Charges?

If you are facing assault and battery charges, the prosecutor may tell you that you have limited legal options. Prosecutors may use this claim to convince you that a plea deal is in your best interest. We will discuss this more in the next section, but for now, it is important to remember that there are legal defenses available for criminal charges of assault and battery. These defense strategies include:

Self-defense: If you believed that you or others were in harm’s way, violent actions may be excusable under the law
Mutual combat: When two individuals consent to physical violence, it may be determined that neither is criminally liable
Lack of intent: Prosecutors must prove that there was an actual intent to cause bodily harm or engage in non-consensual physical contact
False accusations: It is very disheartening, but people are increasingly using false accusations to target people they do not like
Alibi: Many people are found not guilty of assault and battery in Florida when an alibi attests to the fact that they were not present at the scene and, therefore, could not have engaged in a crime
Insufficient evidence: No matter the situation, it is always contingent on the prosecutor to prove their case beyond a reasonable doubt

It is important to remember that these defenses will only work in some instances. Your case is unique and has its own set of considerations and circumstances. For this reason, it is always wise to consult with an assault and battery lawyer in Lakeland today. At DeMichael Law, our assault and battery criminal defense lawyer will review your case and help decide the best path forward. Contact us today to schedule your initial consultation.

Should I Accept A Plea Deal?

If you are facing charges of assault or battery, there is a good chance that a prosecutor might offer you a plea deal. The chances of the prosecution offering you a plea deal increase if the alleged crime is charged as a first offense. If offered this deal, you may think mounting a criminal defense is not unnecessary. After all, prosecutors often frame plea agreements in a way that makes them seem too good to pass up. Before agreeing to anything, though, you should consult with a criminal defense attorney.

An assault and battery lawyer in Lakeland will help you understand all your options. In many criminal cases, prosecutors offer plea deals because they are unsure if they have enough evidence to obtain a conviction. Even if the evidence is clearly stacked against you, the prosecution may overstate the severity of your legal situation. A conviction for assault or battery can have lasting effects on your personal life, career, and even your ability to obtain housing or credit.

The prosecutor will not mention these adverse outcomes when offering their “fair plea deal.” While an agreement might be a good option for your case, it is always in your best interest to have an experienced criminal defense lawyer in Florida assess the evidence to determine your legal options.

Contact DeMichael Law and allow our highly trained defense attorney to review the plea agreement to ensure it protects your legal rights and future.

What Makes DeMichael Law the Best Choice to Handle My Assault or Battery Criminal Defense?

Far too many people do not truly understand assault and battery charges in Florida. Some individuals conflate the two offenses without realizing they are distinct criminal charges, and others do not realize just how serious these accusations can be. Unfortunately, assault and battery cases often end with individuals regretting not seeking legal assistance. Do not make this mistake. Contact an assault defense lawyer immediately who will review your legal options.

At DeMichael Law, we understand the complexities of the criminal justice system in Florida. We will work hard to have the charges against you dismissed. However, in some cases, the state is unwilling to negotiate to have the charges dismissed or reduced. When this occurs, our assault and battery criminal defense lawyer may be able to negotiate a favorable plea agreement or secure a not-guilty verdict at trial. The specifics of your case will dictate the best approach, so reach out to discuss your case with us today.

Call 863-216-1831 to schedule your initial consultation with an assault and battery lawyer at our Lakeland criminal defense law firm.