as a Former Prosecutor Specialized in Criminal Defense
Clearwater Battery Attorney
If you’ve been accused of battery in Clearwater, Florida, it’s essential to understand the severity of the charges and the importance of having a skilled legal advocate by your side. The Law Office of Timothy Hessinger is here to help you navigate the complexities of Florida law, protect your rights, and fight for the best possible outcome in your case. With decades of experience, we are skilled in defending individuals facing battery charges, including aggravated assault and felonious assault.
Don’t let a battery charge define your life. Take the first step toward resolving your legal challenges by contacting us today. Call (888) 863-7415 to schedule your free consultation, or fill out our online contact form for immediate assistance.
What Does Florida Consider Battery?
Under Florida law, battery is defined as the intentional and unlawful touching or striking of another person against their will or causing bodily harm to another person. Battery charges can arise from a wide range of situations, from minor physical altercations to more severe incidents. Florida Statute § 784.03 outlines the elements of battery, which include:
- Intentional Touching or Striking: The act must be deliberate, not accidental.
- Without Consent: The victim did not agree to the physical contact.
- Bodily Harm: While not required for all battery charges, causing harm can escalate the severity of the offense.
In Florida, even minimal physical contact can result in a battery charge if it is deemed unwanted or offensive.
Aggravated Assault in Florida
Aggravated assault is a more serious charge than simple battery. According to Florida Statute § 784.021, aggravated assault involves an intentional threat of violence with a deadly weapon or with the intent to commit a felony. Unlike battery, assault does not require physical contact but instead focuses on the perception of imminent harm by the victim.
Key elements include:
- Use of a Deadly Weapon: This could include firearms, knives, or other objects capable of causing serious injury.
- Intent to Commit a Felony: Threats made during the commission of another crime can lead to aggravated assault charges.
- Victim’s Fear: The victim must reasonably believe they are in immediate danger of harm.
Felonious Assault in Florida
Felonious assault is another serious offense, typically involving aggravated circumstances. While similar to aggravated assault, felonious assault often refers to cases where there is an intent to cause severe bodily injury or where the victim suffers significant harm. These cases can lead to felony charges, which carry severe penalties, including lengthy prison sentences and substantial fines.
What Is Assault Under Florida Law?
Assault, as defined by Florida Statute § 784.011, involves the threat of violence rather than physical contact. To be charged with assault, the state must prove that the accused intentionally threatened to harm another person, appeared capable of carrying out the threat, and created a well-founded fear in the victim. Assault charges can range from misdemeanors to felonies, depending on the circumstances.
Difference Between Assault and Battery in Florida
While assault and battery are often used interchangeably in casual conversation, they are distinct legal terms under Florida law. The primary difference lies in the presence of physical contact:
- Assault: Involves a threat of violence without any physical contact. It focuses on the victim’s fear of imminent harm.
- Battery: Requires actual physical contact that is intentional, unwanted, and harmful or offensive.
Understanding this distinction is critical when building a defense strategy for either charge.
Penalties for Committing Battery in Florida
The penalties for battery in Florida depend on the severity of the offense and the circumstances surrounding the case. Below is a breakdown of potential consequences:
Simple Battery (First-Degree Misdemeanor)
- Up to 1 year in jail or 12 months of probation.
- Fines up to $1,000.
- A permanent criminal record, which can affect employment, housing, and more.
Felony Battery (Third-Degree Felony)
- Up to 5 years in prison or 5 years of probation.
- Fines up to $5,000.
- Often involves cases where the defendant has prior battery convictions or where significant injury occurs.
Aggravated Battery (Second-Degree Felony)
- Up to 15 years in prison or 15 years of probation.
- Fines up to $10,000.
- Includes cases involving deadly weapons or substantial injuries.
Additional penalties may include restraining orders, community service, anger management classes, and mandatory counseling.
How a Clearwater Battery Defense Attorney Can Help You
If you’ve been charged with battery in Florida, the stakes are high, but a skilled attorney can make a significant difference in your case. A Clearwater battery lawyer from The Law Office of Timothy Hessinger can provide invaluable assistance by:
- Analyzing Your Case: We will thoroughly investigate the evidence against you, including witness statements, police reports, and surveillance footage.
- Identifying Defenses: Possible defenses may include self-defense, lack of intent, or false accusations. Our legal team will determine the best approach for your specific situation.
- Negotiating Plea Deals: When appropriate, we can negotiate with prosecutors to reduce charges or penalties.
- Representing You in Court: If your case goes to trial, we will present a strong and persuasive argument to protect your rights and freedom.
Why Choose The Law Office of Timothy Hessinger?
When facing battery charges, your choice of attorney can significantly impact the outcome of your case. The Law Office of Timothy Hessinger offers:
- Extensive Experience: With decades of experience handling battery cases in Clearwater, we understand the nuances of Florida’s legal system.
- Proven Results: Our track record includes successful outcomes for clients facing even the most serious charges.
- Personalized Attention: We prioritize clear communication and work closely with you to develop a tailored defense strategy.
- Aggressive Defense: We are committed to protecting your rights and achieving the best possible results.
Being charged with battery doesn’t have to define your future. With the right legal representation, you can fight back and regain control of your life.
If you or a loved one has been accused of battery in Clearwater, don’t wait to seek legal help. Contact The Law Office of Timothy Hessinger today for a free consultation. Let us help you protect your rights and secure a brighter future. Call us at (888) 863-7415 or fill out our online contact form to get started.
Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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All charges dropped. 2 Counts Battery
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Reduced to 3 Counts. Wh/Adj 3 years probation. 5 Counts Possession of Child Pornography
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Reduced to 2 counts. Wh/Adj and probation. 9 Counts - Possession of Child Pornography.
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Not Guilty after Jury Trial Aggravated Assault with a Firearm
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All charges Dropped. Aggravated Assault With Motor Vehicle
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Reduced to Felony Battery, dismissed, sealed. Aggravated Battery