VIOLENT CRIMES

To be charged with an Assault or a Battery in the state of Florida, you don’t have to necessarily be accused of punching or kicking someone. The contact or threat of contact can be much less physical than what we traditionally think of as a crime.


Fortunately, Florida also has some strong self-defense laws. Under the right circumstances, 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. Contact the Ford Law Office to learn more about your defenses and what has worked in the past.

 

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.

 

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