Sarasota Assault & Battery Defense Lawyer

Everyone knows that in the American criminal justice system, a person is innocent until proven guilty. In other words, anyone who is charged with a crime has the right for their story to be heard before any punishment is handed out. That holds true no matter how bad things might look for the accused. This is the situation that anyone charged with assault and battery must face, but they shouldn’t face it alone.

If you find yourself caught up in an arrest, you need to get a skilled Sarasota assault and battery defense lawyer on your side ASAP. You’ll find that type of attorney at Titan Law. We believe everyone deserves their day in court regardless of the charge they are facing. There are always two sides to every story, and we want your story heard in the right context.

Understanding Assault and Battery Charges in Sarasota

Assault and battery charges are often linked together, but they are two different charges. You could be charged for assault without battery. You could also be charged for battery without the assault. Confusing? Let’s break it down.

Simple Assault

Every criminal charge has an applicable statute. Simple assault falls under Florida Statute 784.011. That states that “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 such other person that such violence is imminent.”

Despite its name, assault refers to a threat without carrying it out. Suppose you’re at a bar, and some loudmouth is spouting off. If you say to them, “One more word, and I’m taking you out,” you could be charged with assault before any punch was thrown.

Although this might not seem like a big deal, simple assault or a threat, whether verbal or written (yes, texts count), could land you in jail for 60 days and have you pay a fine of $500. It’s worse if you make those threats against a public official (yes, social media posts count).

Aggravated Assault

An aggravated assault increases the threat level when some sort of weapon is brought into the equation. If you pick up a bat or golf club when you make a threat, you cross the line into aggravated assault. Of course, if a knife, gun, or any other type of obvious weapon is introduced, that would also increase the charge from a misdemeanor (no weapon) to a third-degree felony (with a weapon).

Simple Battery

A simple battery means you’ve crossed the line from a threat to actual physical harm. Florida Statue 784.03 lays it out: “The offense of battery occurs when a person (1) Actually and intentionally touches or strikes another person against the will of the other; or (2) Intentionally causes bodily harm to another person.”

You might only get off one punch with the loudmouth in the bar, but that can send you to jail for a year. If you intentionally hit someone in your family, this would be charged as domestic battery. The jail and fine are the same.

Felony Battery

A felony battery charge happens when there is greater harm than a slap or single punch. If the other person is seriously harmed or permanently disfigured, it becomes a felony battery. This charge typically pertains to physical harm caused in a fight with fists. If you pick up a weapon during that fight, you get charged in the following category.

Aggravated Battery

Things can quickly get out of control in a fight. What starts out with fist flying can become aggravated battery if a weapon is used, like picking up a chair or bottle. Obviously, any use of a weapon is an automatic aggravated battery, which can lead to 15 years in prison and/or a fine of up to $15,000.

When you’ve been charged for assault and battery, no details are provided on the public record. In other words, anyone reading those records won’t know your side of the story. The only chance you have to clear your name is in court.

Possible Defenses Your Sarasota Assault and Battery Defense Lawyer Can Deploy

No matter what level of assault and/or battery you’re charged with, it is essential to find a fast resolution so that you can put the incident behind you and get on with your life. The Titan Law team can help make that happen by putting up a strong defense based on your testimony, witness statements, and other relevant evidence.

Here are some of the defense strategies we could deploy to support your version of events:

Acting in Self Defense

Florida’s “stand your ground law” allows you to defend yourself by use of force. However, that defense can be complex because the force you use needs to be considered reasonable to protect yourself from bodily harm. There are several factors that come into play with a self-defense claim, such as what the other person was doing at the moment and their physical size. Also, did that person have any weapons?

Defending Someone

If you come to the aid of someone who is being harmed or threatened, you could use force to take down their attacker. At that moment, that would be considered battery, but when your story is presented in court, the facts can reveal you were defending someone, making your use of force justifiable.

Accidental Use of Force

You and your Sarasota assault and battery could present an accidental use of force defense if you caused someone injury by accident. For instance, if you trip over a sidewalk buckle and fall into someone knocking them down, you should not be convicted of battery.

Mutual Consent

Boxers who get into the ring are not committing battery. They have entered into a mutual consent agreement to use force against each other. In the real world, this defense can only be used if both parties agree to the risk of fighting. One thing to keep in mind with this defense is that for it to work for your charge, you can’t be seen as the main aggressor.

For instance, suppose you’re in a bar and accidentally spill a drink on someone. They get into your face and challenge you to a fight. You accept and knock them out. In that scenario, you both agreed to the risk and weren’t the aggressor, so you shouldn’t be convicted.