What is Assault?
Simple Assault occurs when a person makes an intentional or unlawful threat against another person and creates a reasonable fear in the other person, such that violence is about to occur.
A Simple Assault is considered a Second Degree Misdemeanor with penalties up to 60 days in jail or 6 months’ probation and a fine of $500.00.
What is Battery?
Battery is any actual and intentional touching or striking of another person against that person’s will or without their consent.
The penalty for Battery is up to 1 year in Jail or up to 1 year supervised probation and up to a $1,000 fine.
Types of Assault and Battery Charges
What is important to understand about Assault and Battery is that all other types of Assault and Battery charges stem from the misdemeanor crimes of Assault and Battery. For example, Aggravated Assault with a Firearm is an Assault where a Firearm was used. Aggravated Battery with a Firearm means that a person was shot, touched or striked with a firearm without their consent. Both charges can also be classified into “simple” or “aggravated” categories depending on several factors, including the level of violence and if a weapon is used or not.
Possible Defenses for Assault and Battery
If you’ve been charged with assault or battery, there are possible defense strategies your attorney could consider, such as:
- Consent
- Self- Defense like Stand Your Ground
- Factual Disputes
- Identification
Contact an Orlando Assault and Battery Defense Attorney Who Knows How to Handle the Prosecution
At Frost Law, we are committed to defending you on your Assault or Battery case. As a former prosecutor, Chad Frost prosecuted hundreds of Assault or Battery cases and handled multiple Stand Your Ground hearings. He knows how the prosecution works and will help defend you to the fullest extent possible.
Call today for your Free Consultation. You can reach us 24/7 at 407-670-5569 or by using the form on our website.