VIOLENT CRIMES
Assault, Battery, Resisting
Many people don't realize that an Assault and Battery are actually two different charges. To be charged with a Battery in the state of Florida, you don’t have to necessarily punch or kick someone, you only have to intentional touch someone against their will. The contact can be much less physical than what we traditionally think of as a crime.
To be charge with an Assault, you don't even actually have to touch someone. A threat to do violence with the apparent ability to carry out that threat could be enough to face charges if that threat causes a well-founded fear that violence is about to happen. The charges and potential punishment can become even more severe if there was a firearm or other weapon involved.
Fortunately, under the right circumstances you have the legal right to self-defense. An experienced and knowledgeable lawyer can build a defense to establish that you were simply exercising your legal right to defend yourself. It is important to have a lawyer that recognizes that you can legally meet force with force and that you shouldn’t have to wait around to be a victim before you can defend yourself.
Find more information below or contact the Ford Law Office to learn more about your defenses.
BATTERY
§ 784.03, Fla.Stat.
To prove the crime of Battery, the State must prove one of the two following elements beyond a reasonable doubt:
You intentionally touched or struck the victim against his or her will.
or
You intentionally caused bodily harm to the victim.
This charge is a 1st degree misdemeanor.
AGGRAVATED BATTERY
784.045, Fla. Stat.
To prove the crime of Aggravated Battery, the State must prove the following two elements beyond a reasonable doubt. The first element is a definition of battery.
1. You intentionally touched or struck the victim against his or her will, or, intentionally caused bodily harm to the victim.
2. In committing the battery you:
a. intentionally or knowingly caused great bodily harm to victim or permanent disability or disfigurement to the victim.
or;
b. used a deadly weapon.
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.
This charge is a 2nd degree felony.
ASSAULT
§ 784.011, Fla.Stat.
To prove the crime of Assault, the State must prove the following three elements beyond a reasonable doubt:
1. You intentionally and unlawfully threatened, either by word or act, to do violence to the victim.
2. At the time, you appeared to have the ability to carry out the threat.
3. Your act created in the mind of the victim, a well-founded fear that the violence was about to take place.
This charge is a 2nd degree misdemeanor.
AGGRAVATED ASSAULT
§ 784.021, Fla. Stat.
To prove the crime of Aggravated Assault, the State must prove the following four elements beyond a reasonable doubt. The first three elements define assault and the fourth one makes it aggravated.
1. You intentionally and unlawfully threatened, either by word or act, to do violence to the victim.
2. At the time, you appeared to have the ability to carry out the threat.
3. Your act created in the mind of the a well-founded fear that the violence was about to take place.
a. The assault was made with a deadly weapon.
or;
b. The assault was made with a fully-formed, conscious intent to commit a charged felony upon a victim.
If the circumstances were such as to ordinarily induce a well-founded fear in the mind of a reasonable person, then the victim may be found to have been in fear, and actual fear on the part of the victim need not be shown.
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.
This charge is 3rd degree felony.
RESISTING OFFICER WITH VIOLENCE
§ 843.01, Fla. Stat.
To prove the crime of Resisting Officer with Violence, the State must prove the following four elements beyond a reasonable doubt.
1. You knowingly and willfully resisted, obstructed or opposed the officer by doing or offering to do violence to him or her.
2. At the time the officer was engaged in the execution of legal process or the lawful execution of a legal duty.
3. At the time the officer was an officer.
4. At the time you knew the officer was an officer.
"Offering" to do violence means threatening to do violence.
This charge is 3rd degree felony.