Orlando Assault & Battery Attorney 

Florida Penalties for Assault and Aggravated Assault

Criminal charges are designated as varying degrees of misdemeanors and felonies, according to the Florida Criminal Code.  Each offense is further categorized into levels according to an “Offense Severity Ranking Chart” and assigned a corresponding point value. The points are calculated and form the basis for the guideline sentence that the court should impose, according to the Florida [Criminal Punishment Code], [Chapter 921 of the Florida Statutes]. 

The range of penalties that may be imposed for Assault and Aggravated Assault are:

Assault (Second Degree Misdemeanor):

1. Up to 60 days in jail.
2. Up to 6 months of probation.
3. Up to a $500 fine.

Aggravated Assault (Third Degree Felony/Level 6):

1. Up to 5 years in prison.
2. Up to 5 years of probation.
3. Up to a $5,000 fine.

The range of penalties that may be imposed for Battery, Felony Battery, and Aggravated Battery are:

Battery (First Degree Misdemeanor): 

1. Up to one year in jail.
2. Up to one year of probation.  
3. Up to a $1,000 fine.

Felony Battery (Third Degree Felony/Level 6): 

1. Up to 5 years in prison.  
2. Up to 5 years of probation.  
3. Up to a $5,000 fine.

Aggravated Battery (Second Degree Felony/Level 7):

1. Up to 15 years in prison.
2. Up to 15 years of probation.
3. Up to a $10,000 fine.

In addition, the court may order community service and classes/counseling, among other reasonable penalties, as part of the sentence.  The court and/or the laws of Florida may also require the suspension of your driver’s license and registration as a felon. 

A person may also face secondary consequences due to a criminal sentence, such as deportation (if not a U.S. Citizen), the loss of civil rights (such as the right to vote, possess a firearm, or to serve on a jury), and the loss of employment and educational opportunities, among others.

If a firearm is used or if the alleged victim is a law enforcement officer, firefighter or EMT, then the offense qualifies for a 3-year minimum mandatory prison sentence, if convicted.

Aggravated Assault with a Deadly Weapon is a qualifying offense for a defendant to be sentenced as a Prison Releasee Reoffender (PRR), Violent Career Criminal/Habitual Felony Offender…

Typical Defenses

A person cannot be sentenced or have penalties imposed if found not guilty or the case is dropped or dismissed.  The law affords every accused person the right to due process, including the right to have the court prohibit or limit the use of evidence that was not lawfully or fairly obtained.  Ultimately, an accused has the right to be presumed innocent and to require, through a jury trial, that the government must prove the case beyond a reasonable doubt.

In addition to the many [Pre-Trial Motions and Defenses] available in most criminal cases, including justifiable use of force/self-defense/Stand Your Ground, there are the following specific defenses for Assault and Battery charges:

Assault and Aggravated Assault 

• Conditional Threat –A threat to commit a violent act in the future that is conditional on some possible future event is not an assault.
• Lack of apparent ability to carry out threat – a person who is not in a position to actually carry out the threat of harm does not commit assault
• Unreasonable fear of alleged victim – When there is an unreasonable fear of harm an assault is not committed
• Not a Deadly Weapon – If a jury isn’t convinced that the facts establish the use of a deadly weapon, a felony is not proven.

Battery 

• Unintentional touching – if the touching is accidental, it is not a crime.
• Consent – If the victim consents or engages in mutual combat, or otherwise agrees to participate in physical contact (such as sport), it is not a crime.

Felony Battery 

• Lack of prior qualifying criminal history
• Battery did not cause great bodily harm

Aggravated Battery 

• Defendant did not intentionally or knowingly cause great bodily harm
• Battery did not involve the use of a deadly weapon

Aggravated Battery of a Pregnant Victim

• Battery did not involve a pregnant person, or the person was not reasonably known to the defendant to have been pregnant.

For any type of criminal charge in Orlando and all Central Florida, including Orange, Osceola, Seminole, Brevard, Lake, Sumter, Polk, and Volusia Counties, the attorneys at Longwell Lawyers know how to help you.  We have attorneys and staff available who are fluent in Spanish, Portuguese, Greek and English.  Please contact Longwell Lawyers for a free consultation, at 407-426-5757.