Tampa Assault and Battery Attorney

Assault and battery cases can be highly emotional, but you have the right to defend yourself based on the law and the facts. Let the Tampa assault attorneys at Musca Law stand up for you.

If you have been charged with a violent crime in Hillsborough County, Pinellas County, or the Tampa Bay area, you can count on Musca Law to provide a skilled defense at every stage of the criminal process. WIth an office in Tampa, we also represent cases from Clearwater and St. Petersburg.

Assault and battery are similar but different offenses in Florida. Remember that prosecutors must be able to prove each of the elements of the crimes below in order for you to be found guilty of them. We have represented many assault and battery defendants, and are ready to represent you if you face any of these charges.

Assault in Florida

An assault according to Florida law is a misdemeanor with several distinct elements. In order to be found guilty of this offense, the state must prove all the following occurred beyond a reasonable doubt:

The defendant made a threat of violence to another person. (Note that the act of violence or even the attempted act of violence does not need to be proven.)
The defendant had the "apparent ability" to carry out the threat. In other words, there's a realistic aspect to the threat.
The threat creates a well-founded fear in another person that violence is imminent.

Only after all three elements are proven will an individual be convicted of this charge. Assault is a second-degree misdemeanor, which can be punished by up to 60 days in jail and a fine of up to $500.

Aggravated Assault

An aggravated assault is a case that meets each of the three elements of assault outlined above, plus either of the following two facts:

The threat involved a deadly weapon (though not with the intent to kill).
The threat was committed with the intent to commit a felony offense.

This more serious offense is classified as a third-degree felony, which in Florida can be punished by up to up to 5 years in prison or a fine of up to $5,000.

Battery and Felony Battery

Battery is similar to assault but with an important difference: Battery according to Florida state law only happens when one person makes physical contact with another. (A person can be charged with assault for making a threat and not carrying through with it.) Two elements must be proven in order for a person to be found guilty of battery in Florida:

The perpetrator intentionally touches or strikes another person against that person's will.
The perpetrator purposely causes bodily harm to another person. The level of harm in these cases does not need to be severe (as with cases of aggravated battery).

In most cases, battery is considered a first-degree misdemeanor punishable by up to 1 year in prison or a fine of up to $1,000. However, if the accused has already been convicted of battery in the past, the offense is considered a third-degree felony punishable by up to 5 years in prison and a fine of up to $5,000.

Aggravated Battery

Aggravated battery is similar to battery except for the following two circumstances:

The person who committed the crime did so in order to cause great bodily harm to the victim.
The battery was committed using a deadly weapon.

Cases in which even simple battery is committed against a pregnant woman are counted as aggravated battery in Florida. This offense is a second degree felony punishable by up to 15 years in prison and a fine of up to $10,000.

Assault and Battery Defense Lawyers in Tampa

Guided by a philosophy of providing aggressive defense, Musca Law has succeeded in winning complex assault cases in Florida state courts. If you are charged with one of these offenses, please call us at (813) 362-5623 or 1 (800) MUSCA-LAW for a free initial consultation.

Just because the state says you've committed a heinous offense doesn't mean you have to give in.