Fort Lauderdale Battery Lawyer
Under Florida law, battery occurs when one person intentionally causes bodily harm to someone else, or strikes or touches someone against their will. The charges of battery someone could face in the state vary greatly, and the penalties are harsh with high fines, jail time, and a permanent criminal history. If you have been accused of battery, you need to seek legal advice from a Fort Lauderdale battery lawyer as soon as possible.
The Difference Between Assault and Battery
Many people talk about assault and battery collectively, and as though they are the same crime. Assault and battery are connected and a person may face both charges for the same criminal offense. However, in Florida the two criminal offenses are different. Generally speaking, assault refers to a word or threat of actions that could cause a person to fear imminent violence. Battery, on the other hand, is the actual physical act.
For example, if someone threatened to hit another person, they could face charges of assault. If the person that threatened the violence followed through on that threat and actually hit someone else, they could face charges of battery.
The main difference between assault and battery charges is that assault only requires a person to fear their assailant and feel threatened. The crime of battery does not have that same requirement, and only requires an unwelcome physical act intended to cause harm.
Aggravated Battery in Fort Lauderdale
Aggravated battery has the same requirements to intentionally cause harm to someone else, but the difference is that the accused also used a deadly weapon during the commission of the crime. A deadly weapon is considered to be any weapon that is inherently dangerous, such as a knife or firearm, or any object that is not inherently dangerous, but that is used in such a way to cause serious harm.
Penalties for Battery
Most people charged with battery face first-degree misdemeanor charges. If convicted of this offense, a person will face up to 12 months in county jail, up to 12 months of probation, and a maximum fine of $1,000. The penalties a person will face will greatly depend on the facts of the case. For example, a person that is convicted of a first offense and did not cause serious bodily harm will likely face less severe penalties than someone that had a criminal history and inflicted serious bodily harm on someone else.
Aggravated battery is considered a much more serious offense and so, the penalties are much harsher. If convicted of aggravated battery, a person will face up to 20 years in state prison and a maximum fine of $10,000.
Call Our Fort Lauderdale Battery Lawyer Today
Battery charges are very serious, and you need the help of a Fort Lauderdale battery lawyer to give you the best chance of a successful outcome. At the office of Kevin J. Kulik, our knowledgeable attorney has the necessary experience to defend against these charges and help you retain your freedom. Call us today at 954-761-9411 or fill out our online form to schedule a free consultation so we can review your case.