St. Petersburg Assault & Battery Lawyer
Skilled Defenses From Former Prosecutors
Florida law includes numerous crimes under the “assault and battery” umbrella. These offenses are characterized by physical harm to another person, as well as threats of harm.
Assault and battery can be charged as misdemeanors or felonies, depending on the nature and severity of the crime. Convictions often come with significant sentences that may include life-altering jail time and fines.
If you have been accused of this crime, do not wait to retain a trusted assault attorney in St. Petersburg. At Plotnick Law Offices, our assault lawyer St. Petersburg team has 35+ years of collective experience that they can use to protect your rights, reputation, and future.
Discuss your charges and learn about your defense options in a consultation. Schedule yours by calling (727) 619-1827 or reaching out to our firm online. We are available 24/7 to answer your calls.
What Is The Difference Between Assault & Battery?
While you often hear the words assault and battery together, they indicate different things. Below is a simple breakdown of the differences between them.
Florida law defines assault as an “intentional, unlawful threat by word or act to do violence to the person of another.” In simpler terms, assault refers to the attempt or threat of physical harm.
Battery, on the other hand, is when someone “touches or strikes” another and causes harm.
It’s important to note that an assault charge can arise even if no physical contact occurred. The mere threat, if the victim has a reasonable fear of being harmed, can suffice for an assault charge. Battery, by contrast, requires actual physical contact, even if minor. Understanding these distinctions is crucial in identifying the most effective defense strategy with your St. Petersburg battery lawyer.
What Are The Types of Assault & Battery Charges in Florida?
Assault and battery are often mistaken for the same crime, but Florida law treats them as separate offenses. Assault involves threats of harm, while battery involves actual physical contact. The severity of charges and penalties depends on factors such as intent, use of weapons, and the extent of injuries.
- Assault (Simple) – A threat to cause harm with an apparent ability to do so; second-degree misdemeanor, up to 60 days in jail, $500 fine
- Aggravated Assault – Threatening harm with a deadly weapon or intent to commit a felony; third-degree felony, up to 5 years in prison, $5,000 fine
- Battery (Simple) – Unwanted physical contact or intentionally striking another person; first-degree misdemeanor, up to 1 year in jail, $1,000 fine
- Aggravated Battery – Causing great bodily harm, using a deadly weapon, or battery on a pregnant woman; second-degree felony, up to 15 years in prison, $10,000 fine
A St. Petersburg assault & battery attorney analyzes the circumstances of each case to develop a defense strategy aimed at reducing or dismissing charges.
What Are The Penalties For Assault & Battery in Florida?
The penalties for assault and battery charges vary depending on a case’s circumstances. Some common factors that may affect the severity of the charges include the extent of a victim’s injuries, whether a weapon was involved, prior convictions, and whether the victim was a minor or elderly person.
In general, convictions can result in imprisonment, fines, probation, and community service. In domestic settings, these offenses can count as domestic violence and can cause a person to lose parental rights. For detailed information about your charges and their potential consequences, consult one of our assault attorneys in St. Petersburg.
The stakes are high, but with a strategic legal approach, some enhancements or charges can be contested or reduced. For example, a charge might be lessened from a felony to a misdemeanor, significantly lowering potential penalties. Certain defenses, such as self-defense or lack of intent, can also shift the outcome in favor of the defendant. Our team dedicates itself to exploring every possible angle to effectively advocate for you.
When Does a Charge Become “Aggravated”?
Aggravated assault or battery charges carry more serious consequences. For an assault to be considered aggravated, a deadly weapon, such as a gun, must have been involved. The prison sentence increases depending on the type of weapon. If the victim was killed or greatly injured, penalties will also increase.
For a battery charge to be considered aggravated, the victim must have been a pregnant woman, a deadly weapon must have been involved, and/or the crime must have resulted in the victim’s death or great bodily harm.
Why Choose Plotnick Law Offices?
Experience, Commitment, and Personalized Care
As a former prosecutor, we understand how to build strong cases. Our hands-on approach ensures you’re supported every step of the way.
-
Experience That Matters
Led by a former prosecutor, Plotnick Law Offices offers unique insights and strategic advantages for every case. Our deep understanding of the legal system ensures that we can effectively advocate for your rights and best interests.
-
Relentless Preparation
Success begins with preparation. We leave no stone unturned when investigating and building your case, ensuring that every detail is thoroughly examined to strengthen your position.
-
Hands-On Advocacy
When you choose Plotnick Law Offices, you’ll work directly with an experienced attorney from start to finish. We don’t shuffle clients between attorneys—you’ll always have consistent and reliable guidance.
-
Personalized Representation
At Plotnick Law Offices, we prioritize building strong, lasting relationships with our clients. We take the time to understand your unique needs and goals, ensuring that your case strategy is tailored to achieve the best possible outcome for you.
Building a Defense Against Aggravated Charges With an Assault Lawyer in St. Petersburg
When defending against aggravated assault or battery charges, it is essential to meticulously analyze each element of the charge. This includes scrutinizing the evidence about weapon involvement and the extent of injuries, as well as exploring potential procedural mistakes during arrest or evidence gathering that may have violated the defendant's rights. At Plotnick Law Offices, we meticulously craft defenses that emphasize these nuanced investigative aspects.
A defense strategy could also include questioning the intent behind the defendant's actions, involving expert testimonies, or highlighting inconsistencies in witness statements. These tactics are crucial for casting doubt on the prosecution's narrative and aiming for charge reductions or dismissals. Our experience with such complex legal matters provides our clients with a composed, strategic approach aimed at the best possible outcome.
-
“I cannot thank you enough for your help, Marc, honestly. I made a stupid mistake and it took you no time to take care of the situation.”- Frank M.
-
“I would definitely recommend them to someone in need of any attorney services.”- Priestly V.
-
“He is compassionate and helpful.”- Carolyn A.
-
“In the end, the result was way over my expectations.”- J. Hughes
-
“Quick to respond to communications and always kept me informed during the entire process.”- Michael K.
-
“I truly appreciate everything he did and his communication with me was greatly appreciated.”- Tawna L.
-
“Nothing is worse than waiting around wondering what’s going to happen to you, which didn’t happen at all after hiring Marc.”- Jared
-
“When I tell you they treat you like family, that's no lie!”- Jeffrey B.
Want to learn more about the team behind your case? Visit our About page to meet Marc F. Plotnick and Paul S. Horning, and discover how their experience can make a difference for you.
Trust Plotnick Law Offices for Your Defense
The sooner you can get one of our experienced defense attorneys on your case, the better. Hiring a lawyer early on can prevent you from making mistakes that give the prosecution an upper hand. Additionally, you can give our team more time to collect evidence in your favor and begin strategizing your defense.
Our firm is committed to doing everything possible to prove our clients' innocence. We offer a high-end experience where you can count on feeling like your case matters. Thousands have trusted us to defend them. We welcome you to do the same.
To start with our firm, call (727) 619-1827 or submit our online contact form today. From St. Petersburg, we serve clients in Pinellas, Hillsborough, and Manatee counties.