Facing charges of assault or battery in Tampa can lead to serious consequences, including jail time, fines, and a permanent criminal record. Whether the charges stem from a misunderstanding, false accusation, or heated altercation, you need a strong legal defense to protect your rights. At The Lipsey Law Firm, our experienced Tampa assault and battery defense lawyer, Attorney Theo Lipsey, is dedicated to providing aggressive representation for individuals accused of violent crimes. We will fight for your freedom and work to achieve the best possible outcome for your case.
Why Choose The Lipsey Law Firm for Assault & Battery Defense?
- Experienced Criminal Defense: Attorney Lipsey has successfully defended numerous clients against assault and battery charges, using his knowledge of Florida law to protect his clients’ rights.
- Tailored Defense Strategies: Every case is unique, and we craft defense strategies that fit the specific circumstances of your case, ensuring the best approach to fighting your charges.
- Aggressive Representation: We are known for our tenacity in the courtroom, leaving no stone unturned in defending our clients.
Understanding Assault & Battery Charges in Florida
In Florida, assault and battery are two separate offenses, each with its own legal definitions and penalties.
- Assault: Assault is defined as the intentional threat to cause harm to another person, with the apparent ability to carry out the threat. No physical contact is necessary for an assault charge, but the alleged victim must reasonably believe that they are in imminent danger.
- Battery: Battery occurs when a person intentionally touches or strikes another person against their will, or intentionally causes bodily harm. Unlike assault, battery requires actual physical contact.
Both charges can range in severity from misdemeanors to felonies, depending on the circumstances of the incident.
Types of Assault & Battery Charges We Defend
At The Lipsey Law Firm, we defend clients facing various types of assault and battery charges, including:
- Simple Assault: A misdemeanor charge involving threats of harm without physical contact.
- Aggravated Assault: A more serious charge that involves the use of a deadly weapon or intent to commit a felony. This is typically a third-degree felony in Florida.
- Simple Battery: A misdemeanor charge involving intentional, unwanted physical contact or harm.
- Aggravated Battery: A felony charge that involves causing serious bodily injury, using a deadly weapon, or battering a person who is pregnant.
- Domestic Assault and Battery: Charges involving assault or battery between family or household members. These cases often come with additional legal complications, such as restraining orders or child custody issues.
- Assault or Battery on a Law Enforcement Officer: These charges carry enhanced penalties, including mandatory prison time, even for first-time offenders.
Penalties for Assault & Battery Convictions in Florida
The penalties for assault and battery charges vary depending on the severity of the crime, whether a weapon was involved, and the defendant’s prior criminal history.
- Simple Assault: Up to 60 days in jail, 6 months of probation, and fines up to $500.
- Aggravated Assault: Up to 5 years in prison, 5 years of probation, and fines up to $5,000.
- Simple Battery: Up to 1 year in jail, 1 year of probation, and fines up to $1,000.
- Aggravated Battery: Up to 15 years in prison, 15 years of probation, and fines up to $10,000.
In addition to these penalties, a conviction can result in a permanent criminal record, making it harder to find employment, housing, or educational opportunities.
How We Defend Assault & Battery Charges
At The Lipsey Law Firm, we develop strong defense strategies for assault and battery charges, including:
- Self-Defense: One of the most common defenses to assault and battery charges is that the accused was acting in self-defense. If you were protecting yourself or another person from harm, we will present evidence to support this claim.
- Defense of Others: If you acted to protect someone else who was in danger, we will argue that your actions were legally justified.
- Consent: In some cases, the alleged victim may have consented to the physical contact, such as in mutual combat situations. We will work to show that the contact was not illegal.
- False Accusations: Unfortunately, false allegations of assault or battery are not uncommon, particularly in cases involving domestic disputes. We will investigate the facts of your case and work to expose any false claims.
- Lack of Evidence: The burden is on the prosecution to prove beyond a reasonable doubt that you committed the crime. We will challenge the sufficiency of the evidence and work to have charges reduced or dismissed.
What to Do If You’re Charged with Assault or Battery in Tampa
- Remain Calm and Avoid Confrontation: Do not engage in further disputes or contact the alleged victim. Any aggressive behavior can be used against you in court.
- Contact The Lipsey Law Firm Immediately: Assault and battery charges can carry serious consequences, and it’s important to have legal representation as soon as possible. Contact us to begin building your defense.
Frequently Asked Questions About Assault & Battery Defense
1. What is the difference between assault and battery?
Assault is the threat of harm, while battery involves actual physical contact. Assault does not require physical injury, but battery does.
2. Can assault or battery charges be dropped?
In some cases, charges can be dropped if the prosecution lacks sufficient evidence or if the alleged victim chooses not to pursue the case. However, it is ultimately up to the prosecutor to decide whether to drop charges.
3. Will I go to jail if convicted of battery?
The penalties for battery vary depending on the severity of the charge. While jail time is possible, we will work to minimize penalties or seek alternatives such as probation or community service.
Contact The Lipsey Law Firm for Assault & Battery Defense in Tampa
If you’re facing assault or battery charges in Tampa, you need an experienced defense attorney to protect your rights. The Lipsey Law Firm is here to provide aggressive legal representation and help you achieve the best possible outcome in your case. Contact us today for a free consultation.
Call: 813-683-7017
Visit: 13065 W Linebaugh Ave, Suite 102, Tampa, FL 33626
Email: contactus@lipseylawfirm.info
