Fort Myers Assault & Battery Defense Lawyer

Being charged with assault is an intimidating and life-altering experience. You may feel overwhelmed, worried about your future, and unsure of what steps to take next.

Assault and battery charges come with serious consequences. In the Sunshine State, you can face jail time, hefty fines, and a permanent mark on your record.

At Titan Law, we know the stress you face during this time. We want to provide you with the legal help you need.

We know how an assault charge can disrupt your life, and our law firm is committed to guiding you through the legal process with skill, confidence, and care.

Reach out to our skilled and experienced Fort Myers assault & battery lawyer to discuss your case.

Assault Charges in Florida

Under Florida Statute 784.011, assault is legally defined as “an intentional, unlawful threat by word or act to do violence to another person, coupled with the apparent ability to do so, resulting in fear that such violence is imminent.”

Despite what many people think, physical contact is not required for an assault charge. If the individual feels threatened and believes they will face immediate harm, that can lead to a criminal charge.

These charges fall into two main categories: simple assault and aggravated assault.

Simple Assault

This refers to threats or attempted harm without the use of a weapon. While this charge may seem less severe, you can still face a second-degree misdemeanor. With a conviction, you may be sentenced up to 60 days in jail and pay a $500 fine.

Aggravated Assault

Aggravated assault is a more serious offense. This crime usually involves a weapon or occurs during the commission of a felony. The offense is classified as a third-degree felony. Offenders can face up to five years in prison and a $5,000 fine.

There are some aspects to these charges, such as:

• The intent to create fear: The defendant’s words or actions must have been intended to create fear in the alleged victim.
• Reasonable apprehension: The alleged victim must have believed the threat was real and credible.
• Imminent harm: The threat must have an element of immediate danger of violence.
• Harmful words or actions: Along with that, a clear and direct threat must be made. This can include verbal or nonverbal actions.

Under any of these circumstances, the state must show that you had intent to assault another person. Your lawyer can build a case that disputes that fact in these cases. Find out how a Fort Myers assault & battery defense lawyer can assist in your situation.

Assault vs. Battery: What’s the Difference?

Many people believe that assault and battery are the same, but that is not true. Under Florida law, these are distinct offenses.

Assault involves the threat of violence, while actual physical contact or harm must occur in a battery offense.

According to Florida Statute 784.03, battery is defined as “intentionally touching or striking another person against their will, or causing bodily harm.”

Battery charges vary in severity. These criminal charges are based on the circumstances of the incident and the resulting injuries.

Simple Battery

This offense is classified as a misdemeanor. It carries penalties of up to one year in jail and a $1,000 fine.

Felony Battery

If the injuries are severe or if the defendant has a prior battery conviction, the charge may be elevated to felony battery. This is a third-degree felony. It can result in up to five years in prison.

Aggravated Battery

When someone uses a deadly weapon or causes severe injuries, such as broken bones or internal damage, that is aggravated battery. As a second-degree felony, it is punishable by up to 15 years in prison. Sometimes, enhanced penalties may apply. This can happen if the victim is a law enforcement officer, emergency responder, or over 65 years of age.

To get a conviction, the prosecution must prove that:

• The defendant intentionally inflicted harm.
• The defendant made unwanted physical contact with the victim.
• The victim did not consent to the contact.

Once again, the state must prove the defendant’s intended actions.

Offenses Involving Domestic Violence

Sometimes, an assault or battery charge can be related to a domestic violence incident. This happens when the alleged victim shares a specific type of personal relationship with the accused.

Under Florida law, a “household member” includes:

• Spouses
• Former spouses
• Individuals who share a child, blood, or marital relatives
• Individuals who live or have lived together as a family

These charges are treated with severity due to the risk to the victim’s safety and the ongoing nature of the relationship. These offenses come with harsher penalties than typical assault or battery cases. If convicted, you may face:

• Mandatory counseling: The court often requires participation in a 26-week Batterer’s Intervention Program (BIP).
• Restraining orders: These orders can severely restrict your ability to contact or approach the victim and may even result in losing access to your home or children during the legal process.
• Increased jail time and fines: Domestic violence charges carry heightened penalties, including longer jail sentences and higher fines.

No matter the type of criminal charge, you need an experienced Fort Myers assault & battery defense lawyer to assist with your case.

Building Your Defense: Possible Strategies

When facing assault or battery charges, a strong and well-prepared defense can impact the outcome of your case. Each situation is unique. You need a skilled criminal defense attorney in Fort Myers to develop the best possible strategy. Some of these defenses can include:

Self-Defense

Self-defense is one of the most commonly used defenses in assault and battery cases. Your legal team must show that your actions were necessary to protect yourself from immediate harm.

Florida’s Stand Your Ground Law may also apply. In these scenarios, individuals can use deadly force to defend themselves without the duty to retreat. However, they must be in a place where they have the legal right to do so and are not engaged in unlawful activity.

Defense of Others

This strategy involves protecting someone else from immediate harm. You must show that you acted in a reasonable manner to prevent injury to another person. As a result, these actions were necessary given the circumstances.

Lack of Intent

The prosecution must prove that the defendant intentionally threatened or harmed the alleged victim. If your defense can demonstrate that the actions were accidental or unintentional, the charges may be dismissed or reduced.

Misidentification

Mistaken identity is another defense in assault and battery cases. In some situations, the alleged victim or witnesses may have wrongly identified you as the perpetrator. This can happen in chaotic or emotionally charged scenarios where identification can be difficult.

Unreasonable Fear or Perception of Threat

Assault charges often rely on the alleged victim’s perception of imminent harm. If the defense can show that the victim’s fear was not reasonable under the circumstances, the basis for the assault charge may be invalidated.

A Fort Myers Assault & Battery Defense Lawyer Gives You a Chance

Building a strong defense can help you avoid a conviction or even get a dismissal of charges. However, trying to defend yourself is difficult. For that reason, you need an experienced criminal defense lawyer who can look at the evidence and challenge the accusations from the state.

At Titan Law, we know the difficulties of these cases. We will work to build the strongest defense strategy by:

• Scrutinizing police reports for procedural errors or violations of your rights.
• Challenging the credibility of the alleged victim and any witnesses.
• Working with experts, such as forensic specialists, to uncover flaws in the prosecution’s case.
• Negotiating with prosecutors to potentially reduce or dismiss the charges.

We will work to protect your rights, reputation, and future.