Aggravated Assault / Battery
There are factors in a simple assault or battery case that take the charge up to the next level, which is aggravated assault and battery. These include assault or battery with a deadly weapon, battery on a pregnant woman, and assault or battery resulting in serious bodily injury. While the circumstances of the case for aggravated assault or aggravated battery may change slightly, the offense is the same at the core: assault is the threat of imminent violence while battery is the actual act of violence.
Understanding whether your assault or battery charge is considered aggravated assault or aggravated battery is crucial to your defense, as the penalties for the aggravated charges are considerably weightier. Additionally, aggravated assault and battery are violent crimes which could land you a violent offender classification and negatively impact any future process that requires a background check – such as applying for a job. When you’ve been charged with aggravated assault or battery in Palm Beach County, a West Palm Beach violent crime defense lawyer can work to protect your rights and your future from the impact of such a conviction.
West Palm Beach Aggravated Assault and Battery Defense Attorney
Assault and battery are serious enough violent crimes on their own, but when your charge is upgraded to aggravated assault or battery you are facing even more punitive sentencing and life consequences. If you have been arrested for aggravated assault or aggravated battery anywhere in Palm Beach County, including West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Worth, Palm Beach Gardens, Riviera Beach, Royal Palm Beach, and Wellington, take a proactive approach to the first step in your violent crime defense by contacting Andrew D. Stine, P.A. immediately.
As a former public defender and army medic, Andrew Stine is a passionate West Palm Beach criminal defense attorney with a militant attention to detail when it comes to constructing comprehensive defenses for violent crime clients like you. He has over a decade of experience in the criminal defense field and knows what it takes to achieve a favorable outcome such as reduced or dismissed charges in cases like yours. For more information on what Andrew D. Stine, P.A. can do for your Palm Beach County aggravated assault or aggravated battery charges, call 561.880.4300 today and schedule your free initial case consultation.
Florida Definitions for Aggravated Assault and Aggravated Battery
To understand the definitions for aggravated assault and aggravated battery in Florida, you must first know the basics of simple assault and battery as defined by Fla. Stat. §§ 784.011 & 784.03. Under these laws, assault is an illegal and intentional threat through words or action to commit violence on another person, companied by the obvious ability to follow through, which causes reasonable fear of such violence in the victim. Battery is defined by these statutes as when an offender actually and intentionally strikes or touches the victim against the victim’s will, or when the offender intentionally causes bodily harm to a victim.
Aggravated assault is defined by Fla. Stat. § 784.021 as assault that is committed either with a deadly weapon but without the intent to kill, or with the intent to commit a felony. Battery has two aggravated offenses: felony battery and aggravated battery. According to Fla. Stat. § 784.041, felony battery is when a person actually and intentionally touches or strikes a victim against the victim’s will and causes serious bodily harm, permanent disability, or permanent disfigurement. Aggravated battery is defined by Fla. Stat. § 784.045 is when a person intentionally or knowingly causes serious bodily injury or permanent disability or disfigurement, or commits battery with a dangerous weapon.
It is also an offense of aggravated battery if the offender knew or should have known the victim was pregnant at the time of the offense. Aggravated assault, felony battery, and aggravated battery are all serious felony violent crimes that can have a massive, negative impact on your future if you are convicted. Additionally, certain circumstances in your case may upgrade your charge to a higher degree of felony. Working with an experienced violent crime attorney in West Palm Beach may be the difference between conviction for these serious crimes in Palm Beach County and achieving a more favorable outcome like reduced charges or a not guilty verdict.
Penalties for Aggravated Assault and Battery in Palm Beach County
In most cases, the penalties assigned to aggravated assault and battery cases are the presumptive penalties provided for that specific class of offense in Fla. Stat. §§ 775.082-775.084. These charges are classed according to the severity of the damage allegedly done to the victim. Aggravated assault and felony battery, for instance, are third-degree felonies punishable by up to five years in prison and/or up to a $5,000 fine. Aggravated battery is generally a second-degree felony that carries a maximum of 15 years in prison and a $10,000 fine.
However, certain factors in your case, such as the location of the offense and type of alleged victim, may upgrade your aggravated assault or battery charge to a more punitive felony. Under the following circumstances, aggravated assault becomes a second-degree felony with a mandatory minimum prison sentence of three years, felony battery becomes a second-degree felony, and aggravated battery becomes a first-degree felony with a mandatory minimum prison term of five years:
- Aggravated assault or battery on a law enforcement officer (such as a sheriff or police officer)
- Aggravated assault or battery on emergency personnel (such as a firefighter or EMT)
- Aggravated assault or battery on a staff member of a sex offender detention facility
- Aggravated assault or battery on juvenile detention center employees (includes juvenile probation officers and health services personnel like psychiatrists and psychologists)
- Aggravated assault or battery of corrections officer or other employee with bodily fluid
- Aggravated assault or battery on victim 65 years of age or older
- Aggravated assault or battery on certain officials and employees (includes umpires, referees, teachers, principals, school counselors, professors, DCFS investigators, and health inspectors)
- Aggravated assault or battery by an inmate on a visitor
- Aggravated assault or battery by an inmate on another inmate
- Aggravated assault or battery on a code inspector
- Aggravated battery of a minor child with bodily fluid
A skilled and experienced West Palm Beach violent crime defense lawyer can fight to protect your rights and your future from an aggravated assault or aggravated battery conviction in Palm Beach County. When working with an attorney as a part of your defense strategy, it is best to contact him as soon as possible after your arrest.
Andrew D. Stine, P.A. | Defense Lawyer for Palm Beach County Aggravated Assault and Battery
If you have been arrested and charged on an aggravated assault or battery charge, such as assault with a deadly weapon, in Boca Raton, West Palm Beach, Delray Beach, Greenacres, Wellington, Palm Beach Gardens, or the surrounding areas, take the first important step in your defense by contacting Andrew D. Stine, P.A. immediately. Experienced Palm Beach County criminal defense lawyer Andrew Stine is passionate about serving clients like you and has a militant, detailed approach to constructing defense strategies for violent crime cases. Your first consultation with Andrew D. Stine, P.A. is free, so call 561.880.4300 today and schedule yours.