In Florida, assault and battery are two separate crimes, but a person could be charged with both. Certain facts must be present in order for a conviction to occur. If you’re facing these charges, it’s crucial to know what they entail and how to defend yourself.
Assault and battery explained
Assault and battery charges require a solid criminal defense. Assault occurs when a person intentionally makes a physical or verbal threat against another person that causes them to fear bodily harm. It can be charged separately or in connection with battery, which occurs when a person makes direct physical contact with another person through unwanted touching. In some cases, battery involves physical harm to another person, but charges can apply even if the victim doesn’t suffer injuries.
Defenses for assault and battery charges
Certain defenses are common in a case involving assault and battery. One might be more appropriate than the others based on the circumstances. Self-defense is a common argument, but it’s only effective if the defendant can prove that they suffered a legitimate fear of imminent bodily harm or the victim made a threat of force against them.
Another criminal defense strategy to assault and battery is acting in defense of others. If the defendant stepped in to defend a third party who they believed was about to be physically harmed, it could be a strong argument for their case. Defense of property is another possibility if the defendant believed the other person tried to steal or invade their property.
Consent is another potential defense against assault and battery charges. However, it’s usually difficult to prove that the other person gave consent to the actions. Also, a person can still be convicted if their actions exceeded the level of force expected.
Assault and battery could result in fines and a decade in prison. Protect your future and reputation.