What is an Assault or Battery?

A crime of violence is a crime in which an offender uses or threatens force upon a victim. Violent crimes may, or may not, be committed with weapons. What begins as a simple disagreement, argument or misunderstanding can quickly escalate into something more if one is not careful. If convicted, you could be subjected to county jail time, state prison, community supervision, fines and mandatory anger management enrollment.

The most common violent crimes in Florida include:

• Assault/Aggravated Assault;
• Battery on Law Enforcement Officer;
• Battery/Aggravated Battery;
• Carjacking;
• Kidnapping;
• Manslaughter; and
• Murder.

ASSAULT
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. Assault is a second-degree misdemeanor, which has a maximum penalty of 60 days in jail and a $500 fine. 

BATTERY 

Battery is defined as when a person “intentionally touches or strikes another person, without that person’s consent; or intentionally causes bodily harm to another person. Battery is a first-degree misdemeanor, which has a maximum penalty of 1 year in jail and a $1000 fine. A Second Offense Battery charge becomes a felony (3rd-degree) with a penalty of up to 5 years in jail and a maximum $5000 fine. 

AGGRAVATED ASSAULT

Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Assault does not require an intent to injure, only the intent to cause the victim fear of an immediate attack. For example, pointing a gun at someone to scare him or her is aggravated assault. An aggravated assault is a third-degree felony, which has a maximum penalty of 5 years in jail and a $5000 fine. 

DEFENSES TO AN AGGRAVATED ASSAULT CHARGE

Some common defenses to a Florida Aggravated Assault charge include:

·         No ability to carry out the threat at the time it was supposedly made

·         The victim’s fear of attack was not reasonable under the circumstances

·         You did not use a "deadly weapon"

AGGRAVATED BATTERY
A person commits aggravated battery who, in committing battery: intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon. Aggravated battery includes the commission of a battery against a victim who is pregnant at the time of the offense, if the offender knew or should have known of the pregnancy. Aggravated battery is a second-degree felony, which has a maximum penalty of 15 years in jail and a $10,000 fine. 

DEFENSES TO AN AGGRAVATED BATTERY CHARGE

Depending on the specific circumstances surrounding your case, some defenses may be:

• Self-defense
• Alibi
• Stand Your Ground
• Defense of Others
• Consent or Mutual Combat
• No intent to touch or strike
• No intent to cause great bodily harm, disfigurement, etc.
• Lack of knowledge of status
• Weapon cannot be considered a deadly weapon

WHAT IS GREAT BODILY HARM AND PERMANENT DISABILITY OR DISFIGUREMENT?

Great bodily harm is any harm more severe than minor or slight harm, such as minor bruises, and could include wounds that bleed profusely or require suturing, broken bones, and injuries requiring surgery.

Permanent disability is an injury that leaves a person permanently unable to function in a normal manner. A permanent limp, chronic back pain that limits a person’s activities, and permanent impairment of someone’s ability to speak, write, or perform intellectual or physical tasks are permanent disabilities.

Permanent disfigurement refers to an alteration of the physical body such as a visible scar on someone’s face or other body part, loss of a limb, or a broken bone that alters one’s physical appearance, such as a broken nose or a finger that is no longer straight.

WHAT IS A DEADLY WEAPON?

For purposes of Florida's Aggravated Assault statute, a “deadly weapon” is a weapon that is used or threatened to be used in a way that is likely to produce death or great bodily harm. Clear examples are a knife, a car, or poison. However, an object that is not inherently dangerous but that an offender uses or threatens to use in a manner likely to cause death or great bodily harm also is considered a deadly weapon. For example, if a boot is heavy and steel-toed, it could be considered a deadly weapon if the person wearing the boots kicks or threatens to kick someone in anger.

SPECIAL VICTIMS

The charges may be enhanced if the victim is a:

·         law enforcement officer or firefighter

• emergency medical care provider
• breath test operator while engaged in testing persons under investigation for driving while intoxicated
• public transport employee
• parking enforcement officer
• licensed security officer
• employee at a detention or commitment facility for sexually violent offenders (if the defendant knew or had reason to know the victim’s employment status),

• code inspector (if the offender knew or had reason to know the victim’s employment status)
• employee or investigator for the Children and Family Services Department (if the offender knew or had reason to know the victim’s employment status)
• a person over the age of sixty-five years of age (offender need not be aware of victim’s age)
• sports official while participating in a sporting event or immediately after the event
• school employee or elected official (if defendant knew or had reason to know of the victim’s employee status), and
• visitor or detainee in a jail or correctional facility (if offender is a detainee of the jail or correctional facility).

Against these persons, an aggravated assault is a second degree felony and an aggravated battery is a first degree felony. If you are looking for a dedicated, knowledgeable, and experienced Criminal Defense Lawyer, then Hines & Associates Law is here for you. To learn more about the services we provide and how we will fight for your rights, contact us now at (813) 815-0291 for a Free Consultation!

CRIMINAL CHARGES WHILE VISITING TAMPA FLORIDA

Tampa Bay is one of the largest tourist hubs in Florida. With all its beaches and attractions, Tampa Bay is a very appealing destination for visitors both nationally and internationally. However, sometimes a visit may be derailed by criminal charges such as

• Drunk driving  or Driving under the influence (DUI)
• Public Intoxication
• Disorderly Conduct
• Shoplifting
• Possession of Marijuana
• Indecent exposure
• Resisting arrest
• Assault
• Robbery
• Domestic violence
•  Shoplifting
• Other Drug Charges

As a tourist, out-of-state visitor or an international citizen, being charged with a misdemeanor or felony in Hillsborough County is overwhelming and inconvenient. You should hire a Tampa Bay tourist lawyer to help. Call us for a free and confidential consultation.

WE CAN WAIVE YOUR PRESENCE SO YOU DON’T NEED TO TRAVEL TO TAMPA FLORIDA TO ATTEND COURT

The biggest concern for our clients with an out-of-state charge is the daunting possibility of having to travel frequently to Hillsborough County to attend court. You may be required to be in court on a weekday once per month for several months. Hiring Hines & Associates Law to handle your criminal case while you are residing out-of- county can help you avoid unnecessary back-and-forth traveling for court appearances. We may be able to waive your appearance at pre-trial court dates and hearings, saying you time and money. An experienced local defense attorney can also save you time and money by:

• Getting your case dismissed early
• Plea bargaining on your behalf
• Transferring probation, community service, and other sanctions to your home state
• Moving for Plea in Absentia
• Arranging Mail-in Probation

WITH A DIVERSION PROGRAM, YOU MAY HAVE ALL CHARGES DROPPED

Also, if this is your first offense, a diversion program may be a worthwhile option. In some cases, you may be able to enter a diversion program without ever returning to the State of Florida. If you successfully complete the program, the prosecutor will drop all charges against you, and you may thereafter be able to expunge your criminal record.

You should thoroughly discuss these programs with your attorney to determine if it is the best option for you, especially if you are a college student, member of the military, or work in a professional industry.

YOU MAY FACE HARSH PENALTIES FOR DUI WHILE VISITING FLORIDA

According to Fla. Stat. § 316.193 it is a misdemeanor for a person to be in actual physical control of a motor vehicle in Florida while either having a blood or breath alcohol concentration (BAC) of .08 or higher, or while his or her normal faculties – such as walking, hearing, talking, and depth perception – are inhibited by drugs or alcohol.  Actual physical control means a person is driving or capable of driving or operating a motor vehicle. This includes scenarios like being right outside the vehicle with keys in hand, or being inside the vehicle with the keys in the ignition.

Being from out of state is not a valid defense against a Florida DUI conviction. Getting a DUI while on vacation can mean harsh penalties, even for a first offense. First-time offenders may face:

• $500 - $1000 fine
• 180 days -1-year driver's license suspension
• Up to 10-day vehicle impoundment
• Up to 6 months of probation and/or prison time
• Possible ignition interlock device
• Community service hours
• Alcohol awareness and/or treatment programs

PENALTIES FOR MISDEMEANORS AND FELONIES WHILE VISITING TAMPA FLORIDA

Visitors to Florida may also face misdemeanor or felony charges while on vacation. The following are the punishment you could face for various crimes as a tourist in Tampa Bay”

• Misdemeanor of the Second Degree – A conviction for this offense can result in a jail sentence not more than 60 days and/or a fine up to $500.
• Misdemeanor of the First Degree – A conviction for this offense can result in jail term up to one year and/or a fine not more than $1,000.
• Felony of the Third Degree – A conviction for an offense in this degree can result in a prison sentence up to five years and/or a fine not more $5,000.
• Felony of the Second Degree – A conviction for an offense in this degree can result in a prison sentence up to 15 years and/or a fine not more than $10,000.
• Felony of the First Degree – A conviction for an offense in this degree can result in a prison sentence not more than 30 years or life and/or a fine up to $10,000.