Assault & Battery Lawyer In Lakeland

Tirelessly Advocating To Secure Fair Outcomes For Our Clients

Assault and battery make up some of the most common violent crimes in America. While the two terms are often used interchangeably, they’re actually two distinct charges in Florida. And though the two certainly have varying levels of severity, they can both land you behind bars. That’s why you should speak with an assault and battery lawyer in Lakeland before making any decisions about your case.

At DeMichael Law, our legal practice is dedicated to providing our clients with a strong criminal defense. Just because you’ve been charged with a crime does not mean you’re guilty. And while a prosecutor may downplay the severity of a conviction — particularly for first-time defendants — the consequences of this outcome can last a lifetime. Contact us today to discuss your case and identify your options.

What’s The Definition Of Assault And Battery In Florida?

The term “assault and battery” does not refer to a single criminal charge. An assault charge means that someone allegedly made a physical or verbal threat toward another person. This must be coupled with an ability to carry out the threat and create a founded fear in the alleged victim that they may be harmed.

Alternatively, a battery charge occurs when someone allegedly touches or strikes another person without their consent. Engaging in any activity that causes bodily harm to another person also falls under this definition. As such, threatening or attempting to harm someone is assault — but actually engaging in physical contact is battery. While the two are different charges, it’s clear that they’re closely related.

As such, you should speak with an assault and battery lawyer in Lakeland if you’re facing allegations of either crime.

What Are The Criminal Penalties For Assault And Battery Charges?

Since assault and battery are two separate offenses, the penalties for a conviction vary. For instance, an assault conviction can land a person in jail for up to 60 days, and they could face a fine of $500. If someone is convicted of battery, the penalties are far more severe. This conviction can result in a $1,000 fine and up to one year behind bars. The circumstances of the case will dictate whether a maximum sentence is handed down.

However, it’s important to know that these penalties can become much more severe. That’s why it’s so important to work with an assault and battery lawyer in Lakeland. For instance, penalties increase greatly if a weapon is involved or an alleged victim is seriously harmed. Also, a person facing these criminal charges for a second or subsequent time will typically be exposed to more serious penalties under the law.

Put simply, these criminal cases are rarely as straightforward or simple as one might hope. Contact our law firm today to learn more about your options.

What Are The Available Legal Defenses?

If you’re facing assault and battery charges, you may feel like your legal options are minimal. At least, this is what the prosecutor will tell you. They’ll use this claim to convince you that a plea deal is in your best interest. We’ll discuss this more in the next section, but for now, it’s important to remember that there are legal defenses available for criminal charges of assault and battery. These include:

• Self-defense: If you believed that you or others were in harm’s way, violent actions may be excusable under the law.
• Mutual combat: When two individuals consent to physical violence, it’s possible that neither may be criminally liable.
• Lack of intent: Prosecutors must typically prove that there was an actual intent to cause bodily harm or engage in non-consensual physical contact.
• False accusations: It’s disheartening, but people are increasingly using false accusations to target people they don’t like.
• Alibi: Many people are found not guilty of assault and battery in Florida when an alibi attests to the fact that they were not present to have engaged in a crime.
• Insufficient evidence: No matter the situation, it’s always contingent on the prosecutor to prove their case beyond a reasonable doubt.

Keep in mind that these defenses won’t work in every instance. Your case is unique and has its own set of considerations and circumstances. This is why you should speak with an assault and battery lawyer in Lakeland today. At DeMichael Law, our legal team will review your case and help decide the best path forward. Contact us today to schedule your initial consultation.

Should You Accept A Plea Deal?

If you’re facing charges of assault or battery, there’s a good chance that a prosecutor might offer you a plea deal. This is particularly true if the alleged crime is being charged as a first offense. When you’re offered this deal, you might think that mounting a criminal defense isn’t necessary. After all, prosecutors often frame plea agreements in a way that makes them seem too good to pass up. Before agreeing to anything, though, you should consult with a criminal defense attorney.

An assault and battery lawyer in Lakeland will help you understand all your options. In many criminal cases, prosecutors offer plea deals because they’re unsure if they can get a conviction. And even if the evidence is clearly stacked against you, the prosecution may overstate the severity of your legal peril. The point is that a conviction for assault or battery can have lasting effects on your personal life, career, and even your ability to obtain housing or credit.

Rest assured that the prosecutor won’t mention these negative outcomes when offering their “fair plea deal.” While an agreement might be a good option, it may be in your best interest to have an experienced criminal defense lawyer in Florida handle this process on your behalf.

Contact Out Lakeland Criminal Defense Lawyers Today

Far too many people don’t truly understand assault and battery charges in Florida. Some conflate the two without realizing they’re distinct criminal charges, and others don’t realize just how serious these accusations can be. Unfortunately, these cases often end with individuals regretting not seeking legal assistance. Don’t make this mistake. At the very least, you should discuss your case with an assault defense lawyer.

At DeMichael Law, we understand the complexities of the criminal justice system in Florida. We’ll work hard to have the charges against you dismissed. However, this may not always be possible. In such cases, we may be able to negotiate a favorable plea agreement or secure a not-guilty verdict at trial. The specifics of your case will dictate the best approach, so reach out to discuss your case with us today.

Contact us by calling (863) 216-1831 to schedule your initial consultation with an assault and battery lawyer at a criminal defense law firm in Lakeland. We are here to help.