Fort Myers Assault, Battery, Domestic Violence Defense Attorneys

Dedicated to Protecting Your Rights and Freedoms

Being accused of assault, battery, or domestic violence could be a frightening experience. You might not know what the criminal process is or what the outcome may be. Our lawyers at Your Advocateshave over 70 years of combined legal experience, and we understand the law. We will take the time to discuss the circumstances with you, the charge you’re facing, and your legal options. Our team has handled numerous legal issues or varying complexity, and we know how to develop effective legal strategies to challenge the allegations made against you. When you retain our services, we will provide aggressive defense and work toward a favorable outcome in your case.

Schedule a free consultation today by calling us at (239) 970-6844.

What Is Assault?

Although often used interchangeably with battery, under Florida law, assault is a different charge. According to Statute 784.011, a person commits this offense when they intentionally threaten to harm another person.

Specifically, the law defines this crime as:

• Unlawfully threatening, with words or actions, to cause injury to someone;
• Having the ability to carry out the behavior; and
• Making the other person fear violence is forthcoming

This offense is a second-degree misdemeanor.

Potential conviction penalties include:

• Up to 60 days in jail
• Up to $500 in fines

Aggravated Assault can be a third-degree felony with up to 5 years in prison, probation or a combination thereof.

What Is Battery?

Battery is different from assault in that the individual actually strikes the other person or causes them injury. The actions must be done intentionally.

Depending on whether a person is charged with a first-time offense, or if they have a previous conviction, battery could be charged as a first-degree misdemeanor or a third-degree felony.

A conviction could carry the following punishments:

• First-degree misdemeanor:
  • Up to 1 year in jail
  • Up to $1,000 in fines
• Third-degree felony:
  • Up to 5 years in prison
  • Up to $5,000 in fines

Battery is an enhanceable offense in Florida. Batteries with certain aggravating factors can result in penalties greater than those listed above.

What Is Domestic Violence?

Domestic violence occurs when an individual commits a criminal offense, such as assault or battery, that causes injury or death to a family or household member.

Under Florida Statute 741.28, a family or household member includes:

• Spouses
• Ex-spouses
• Blood relatives
• Relatives through marriage
• Persons with whom the accused currently or previously lived as family
• Persons with whom the accused shares a child

The level of charge brought for domestic violence depends on the type of offense the person is alleged to have committed. A conviction could result in jail or prison time and steep fines.

Get Effective Legal Counsel Today

Whether you have been charged with a felony or misdemeanor, it is imperative to have a skilled attorney represent you throughout your case. Being found guilty of an offense could result not only in incarceration but also in a loss of certain rights, such as gun ownership, and a criminal record. The punishments could impact you for the rest of your life, making it difficult to find a job or get a place to live. At Powell, Jackman, Stevens & Ricciardi, our attorneys in Fort Myers fight hard to prevent that from happening. We will thoroughly research and prepare for your case to identify weaknesses in the prosecutor’s arguments and work toward getting charges reduced or dropped.

Discuss your case with our team by calling us at (239) 970-6844 or contacting us online.