Criminal Defense in Gainesville
Assault and Battery
Assault is often misinterpreted to be the physical abuse of another person, but in reality, it is actually just the threat of harm to someone else. Battery is the correct term for physical harm done to another person. While the two crimes are distinctly different, they are charged together as one offense in Florida, so whether you threatened to hurt someone, beat someone, or did both, you can still be charged with assault and battery. Regardless of the specifics of your offense, it is crucial you speak with a Gainesville criminal attorney as soon as you have been accused of assault and battery.
If this is your first conviction and the injuries to the other person were minor, you may only face misdemeanor charges, which may leave you facing up to a year in jail. You may also be forced to pay fines, serve time performing community service and lose your driver’s license for a set period. While these charges are not as grave as those your will face for a felony assault and battery charge, they are still serious and will require the help of a skilled Gainesville criminal lawyer.
Assault and battery can happen at any place at any time, but it most commonly occurs at home and bar settings. In many cases, the suspect has been using drugs or alcohol when the conflict occurs. If you were under the influence of alcohol or drugs when the offense took place, your Gainesville criminal attorney may be able to negotiate lighter sentencing in your case in exchange for your willingness to take part in a drug or alcohol treatment program.
In some cases, the police officer’s choice of who is the “victim” and who is the “aggressor” is completely subjective or is influenced by the alleged victim’s friends who claim the attack was completely unjustified, when it was actually caused by both parties. If both parties played an equal role in the happenings, your Gainesville criminal lawyer will work to have the charges dropped against you.
When you have been charged with assault and battery, please call The Law Office of Gilbert Schaffnit and discuss your case with a top criminal attorney in Florida.