Have you been recently accused or charged with assault or battery in Melbourne, FL? Confused about your options? Continue reading this page to determine what exactly this means and how our lawyers here at Smith & Eulo can help you get the best results.
Our firm will work extremely hard to make sure you get the best defense possible for your case. In this case, this means getting a “not guilty” verdict or lowering your sentence to the absolute minimum.
Defining Assault
In Florida, 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 another person that such violence is imminent.
Please note that a situation does not necessarily have to be physically violent to be considered as assault. There are just three concurrent scenarios that are necessary.
- Intentionally trying to cause fear to the victim
- The victim’s belief that the perpetrator is going to cause harm to him/her
- The victim feeling panic that the perpetrator is going to cause immediate harm to him/her
- Perpetrator must act in a manner that causes the victim to feel that he/she is in imminent danger
Penalty for Assault
Assault in the state of Florida is considered to be a second-degree misdemeanor, and punishment can include…
- A $500 fine
- Up to 60 days in jail
- Possibility of probation and mandatory anger management courses
Defining Battery
It is important to identify the difference between Assault and Battery as they carry different penalties. The meaning of battery is when a person actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.
Penalty for Battery
The penalty for battery (a first-degree misdemeanor) can include…
- A $1000 fine
- Up to 1 full year in jail
After committing a second battery offense, the charge is now considered a third-degree felony offense. The penalty for this charge can be…
- $5000 fine
- Up to 5 years in prison
Example of Assault
Person A and Person B are having a verbal altercation. Person A angrily gets up and moves towards Person B in a deliberate and aggressive manner. This scenario would be considered assault.
Example of Battery
Person A and Person B are having another verbal altercation. This time however, Person B moves towards Person A in an aggressive manner and ends up punching Person A in the jaw. This scenario would be considered battery.
Aggravated Assault
An aggravated assault is an assault with a deadly weapon with intent to kill or with an intent to commit a felony. Those who commit aggravated assault can be convicted of assault in the third degree which includes.
The penalty for aggravated assault can include…
- Up to 5 years in prison
- 5 years probation
- $5000 fine
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.
A charge is automatically considered to be aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
The penalty for aggravated battery can include…
- Up to 15 years in prison
- 15 years probation
- $10,000 fine
If you or a loved one has been charged with assault or battery in Melbourne, FL, Brevard County, or its adjacent areas, please don’t hesitate to contact us today. Our criminal defense attorneys have over 20 years of combined experience successfully handling these types of cases.
We also have offices in Orlando, Lakeland, Ocala, Kissimmee, Jacksonville, Sanford, Tampa and Daytona Beach.