Receiving an assault and battery charge in FL is a difficult thing to have to grapple with. Regardless of the initial punishment that you may receive, such a charge may linger longer than you may expect. Certain charges go beyond whatever sentence they receive, depending on the severity and circumstances of the crime, although some may look at the charge and ignore the context of how it came to be. Today, we are going to discuss what consequences someone may face if they are charged with assault and battery in FL — even if they end up being found not guilty of the crime.
Understanding the consequences of receiving an assault and battery charge in FL
The first thing to remember about receiving a charge, be it assault and battery or any other charge, is that you are innocent until proven guilty. So even if you do receive that charge, you still have a chance to escape that charge, especially if you have a strong legal team backing you up with an Orlando assault lawyer. The first thing you need to do when you receive a charge of assault and battery in FL is to understand what may come of it if you are found guilty of the crime. But before we do that, we need to determine what kind of assault and battery charge you received in the first place. Indeed, assault and battery is more a general terminology that covers multiple types of charges.
For example, the most basic of assault and battery charges are called “simple assault and battery.” When one thinks of an assault, they think of actual physical contact, but in the case of an assault and battery charge, the actual assault is the threat of violence, such that it causes the target or targets of the threat to fear for their health and safety. The actual physical contact comes in the form of the ‘battery’ portion of the charge. Be it punching, kicking, using a weapon, or even damaging a person’s clothing as a result of you unlawfully touching them.
In the case of a simple assault and battery charge, one must be able to demonstrate that the ‘assault’ portion of the charge was intentional. Ie, two people joking around, and one person jokingly suggests they’re going to knock the other out. Or in the case of the ‘battery’ portion, a person accidentally injures another. For example, if you are walking, trip, and you injure someone on the way down. Obviously, that would not have you on the hook for the injury, even if you felt bad that it happened.
On the other hand, the battery does not have to be intentional to qualify as a battery. For example, if you are behaving foolishly and, as a result of your actions, you cause injury to someone without intending to do so, that is still battery, that is still you being irresponsible at the expense of another’s health and safety, so the charge would very likely stick. There could be exceptions to this, such as if the other party was partly at fault for the injury, but these are fringe cases and should not be considered the norm.
There are also special circumstances that determine whether it is a misdemeanor or a felony; for example, if you threaten to injure and eventually injure a “special person,” such as a police officer, emergency medical care provider, a security officer, a public transport employee, and/or more.
The actual penalties of a misdemeanor assault and battery are not the most extreme. At most, you will face 60 days in jail, a fine of up to $500, restitution if applicable, and probation for up to 60 days. If it’s a special person though, that’s where it becomes serious. A misdemeanor charge may see you may face up to one year in jail and one-year probation, a $1,000 fine, and again, if applicable, restitution. When it gets into more severe assault, however, that’s where it gets really scary.
If you are convicted of a felony against a special person, that bumps it up to a maximum of five years in prison, a $5,000 fine, five years probation, and restitution if applicable. The charge may be given more weight based on a defendant’s personal record of offenses, particularly those that are relevant to the charges that are being filed against them AOL mail sign-in.
If the defendant is found guilty in court, the judge or jury may still deem the actions of the defendant, or the circumstances surrounding them, to be not so severe as to require jail time. Instead, they may have that person serve probation time, to essentially make sure they keep on the straight and narrow. One of the best ways to have such a charge dismissed or get a better deal overall is to have a solid defense attorney backing you up, so make absolutely sure that you have someone on your side and someone whom you trust.