Assault & Battery Defense
Defense for simple assault, aggravated assault, and battery charges in Florida.
Understanding Assault & Battery Defense Charges
Under Florida law, assault is an intentional threat by word or act to do violence to another person, coupled with an apparent ability to do so, creating a well-founded fear in the victim. Battery is the actual physical contact or harm. Aggravated assault involves the use of a deadly weapon or the intent to commit a felony. These charges can range from misdemeanors to serious felonies depending on the circumstances, use of weapons, and extent of injuries.
Potential Penalties
- •Simple assault (misdemeanor): Up to 60 days in jail, fines up to $500
- •Battery (misdemeanor): Up to 1 year in jail, fines up to $1,000
- •Aggravated assault (felony): Up to 5 years in prison, fines up to $5,000
- •Aggravated battery (felony): Up to 15 years in prison
- •Enhanced penalties for domestic violence or assault on law enforcement
- •Restraining orders and no-contact orders
- •Anger management classes and probation
How We Defend Assault & Battery Defense Cases
Self-defense or defense of others - Prove that you reasonably believed force was necessary to protect yourself or another person.
Stand Your Ground defense - Under Florida law, you have no duty to retreat if you are in a place you have a legal right to be.
Lack of intent - Demonstrate that you did not intend to threaten or harm the alleged victim.
False accusations - Present evidence that the allegations are fabricated or motivated by revenge, custody disputes, or other factors.
Insufficient evidence - Challenge the prosecution's ability to prove the elements of assault or battery beyond a reasonable doubt.
Mutual combat - Show that both parties willingly engaged in a fight.
Consent - In some cases, demonstrate that the alleged victim consented to the contact.
Lack of ability - For assault charges, prove that you did not have the apparent ability to carry out the threat.
Why Choose The Mirvis Law Firm?
Assault and battery charges can have serious consequences for your freedom, employment, and reputation. Even misdemeanor convictions can result in jail time and a permanent criminal record. Tony Mirvis has successfully defended countless assault and battery cases, achieving dismissals, acquittals, and reduced charges through aggressive advocacy and strategic defense.
With over 20 years of experience defending clients in Florida state and federal courts, Tony Mirvis has the knowledge, skills, and dedication to fight for the best possible outcome in your case.