Assault, battery, and domestic violence cases in Florida can produce very serious consequences. If you find yourself wrapped up in any of these cases, it can be confusing to understand the charges and how best to equip yourself for your defense.
Defense attorneys in St. Petersburg with Russo, Pelletier, & Sullivan have compiled the following information so you can better understand what these charges are and how they could impact your life. Keep reading to learn how Florida law defines assault, battery, and domestic violence, and why you should consult criminal defense attorneys in St. Petersburg if you face any of these charges.
Assault: According to Florida Law
By definition of Florida Statute 784.011, assault is an intentional threat by word or action on another person. There must be intent and fear of immediate danger, but there does not need to be an actual physical attack at that moment for a crime to be considered assault.
Assault can be categorized in two different ways. Aggravated assault occurs when the acts committed are overly aggressive; these are felony charges according to Florida law. Domestic assault is another variation of assault that occurs when someone intentionally threatens a family member. If you are facing a domestic assault charge, you should know that it is a serious charge which can potentially have more severe penalties than a simple assault.
Battery: According to Florida Law
Florida Statute 784.03 defines battery as when a person intentionally touches or strikes another against their will in order to cause bodily harm. Similar to assault, battery can be categorized as an aggravated battery or domestic violence battery.
Aggravated battery and domestic violence battery are similar to aggravated assault and domestic violence assault; in addition to the physical act that occurred, to be convicted of battery the prosecution must prove that there was intention to harm the other party. Aggravated battery often contains an element of the intent to cause serious harm, or using a weapon. The use of a firearm during the commission of an aggravated battery further elevates the serious nature of the offense.
Hiring an experienced defense attorney in St. Petersburg is essential as you navigate a battery charge; you need someone who understands the nuances of the law and how best to protect your freedoms.
Domestic Violence: According to Florida Law
Domestic violence charges encompass both assault and battery; the most significant difference, as mentioned above, is that domestic violence occurs when assault or battery is committed against a family member or person with whom you are in a domestic relationship.
Domestic violence also extends to other crimes like sexual assault, stalking, or kidnapping. If you face a domestic violence charge, the penalties are almost always more severe than an assault or battery charge. For example, when one spouse is accused of a domestic violence offense against the other spouse, the advisory court judge often orders “no contact with the victim.” This often has the collateral effect of prohibiting a client from returning to his or her home until the “no contact” order is lifted or the case resolved.
The attorneys with Russo, Pelletier, & Sullivan will guide you through the legal process and craft the strongest possible defense for you based on the facts of your case. While the outcome of a trial is never certain, working with our team ensures the greatest chance of a favorable ending.
A St. Petersburg Criminal Defense Attorney Can Help
The attorneys with Russo, Pelletier, & Sullivan, P.A. are experienced professionals in criminal defense, and have a complete understanding of assault, battery, and domestic violence according to both Florida and Pinellas County law.
Having experienced professionals working on your case and fighting for your rights will help to ensure that you receive the best possible outcome in your case.
If you are in need of a law firm that you can trust, complete our contact request form or give us a call today at (727) 578-0303.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.