As a Miami Assault lawyer, Attorney Jason Seidman has had his fair share of assault and battery cases. When it comes to assault and battery, it’s important to note that while the two are similar and involve violence, they are distinctly different from one another and in Florida, both crimes are defined separately.
What is assault?
In Miami, assault is defined as a threat to harm someone. In assault cases, there may be no physical contact or violence done to the victim. Instead, an assault charge rests on the case of the defendant causing the victim to fear impending harm. There are three levels of assault:
- Simple Assault
- Aggravated Assault
- Felony Assault
Punishment depends upon the severity of the assault offense. Simple assault is considered a second degree misdemeanor that can result in imprisonment for up to sixty days. Fines for simple assault do not exceed five hundred dollars. Aggravated assault is much more serious and is considered a third degree felony with up to 5 years of imprisonment and up to five thousand dollars in fines.
In Miami, Assault lawyers will gather details about the case to build a defense against the charge. The most common defense to assault charges is listed below:
- Lack of Intent
Of course, each case is different and defenses all hinge upon the details of the case. If you’ve been charged with assault, you should contact Miami Assault lawyer Jason Seidman for a case evaluation.
What is Battery?
Unlike assault, which threatens to harm, battery is defined as the intentional application of force to the body of another person in a harmful or offensive manner. You can get charged with battery if you intentionally strike someone. Battery is obviously much more serious than assault due to the act of violence inflicted on victims. Like the different levels of assault, battery has different levels as well and punishment depends upon the severity of the offense.
In Florida, it’s important to remember that maximum penalties and sentences are established for each level of assault and battery. If you’ve been charged with assault, contact our Miami Battery Lawyers to evaluate your case and help you before it’s too late. You could be looking at up to five years in jail with a fine of $5,000 hanging over your head. Don’t let your criminal charge bring you down.
If you’ve been charged with assault, battery, or assault and battery, you need Jason Seidman. Get help from our assault lawyers in Miami.