Aggravated Assault with a Firearm
Aggravated assault with a firearm is like a simple assault, but the State must additionally prove you committed the assault with a firearm.
Unlike in simple assault, aggravated assault with a firearm typically involves a gun in evidence. Whether the charge is true or not, when a jury sees a prosecutor entering your gun into evidence, it can be perceived as damaging to the defense. A seasoned assault defense lawyer can make all the difference in the outcome of your case and hopefully help you avoid prison altogether.
Jury Instructions for Assault and Battery
Remember that, under Florida Law, there is a difference between assault and battery – they are two separate and distinct crimes, and you can be charged with either or both! An assault is when you threaten to do violence to someone, and that threat puts that person in fear. A battery is simply touching someone against his or her will.
You do not have to actually hurt someone to be convicted of battery. An example of the difference is say, for example, you sneak up on someone and slap them in the back of the head. That’s a battery, whether you hurt them or not – but it’s not an assault if they didn’t see you coming and were not afraid of getting hit.
Without any aggravators, assault and battery are both misdemeanor offenses. With aggravators, they can each easily become felonies.
Potential Defenses for Assault and Battery Charges in Florida
If you’ve been charged with assault or battery in Florida, it’s important to know there are defenses available that may help mitigate or even dismiss the charges. While every case is unique, here are some common defenses to consider:
Self-Defense
One of the most common defenses to assault and battery is self-defense. Under Florida law, you have the right to protect yourself if you reasonably believe that you are in imminent danger of harm. For this defense to be valid, your actions must be proportionate to the threat and necessary to prevent injury.
Defense of Others
Similar to self-defense, this defense applies when you act to protect another person from immediate harm. For instance, stepping in to stop someone else from being attacked can be a legally justifiable defense.
Lack of Intent
Both assault and battery charges require proof of intent. If the alleged action was accidental or unintentional, this could serve as a defense. For example, if you accidentally bump into someone in a crowded space, it does not constitute battery.
Consent
In some situations, the alleged victim may have consented to the contact. For example, in contact sports or agreed-upon physical altercations, the participants often waive their right to claim battery.
False Accusations or Mistaken Identity
It’s not uncommon for misunderstandings or false allegations to lead to charges of assault or battery. Demonstrating that the alleged incident didn’t occur as claimed—or that you weren’t involved—can be a powerful defense.
Stand Your Ground Law
Florida’s Stand Your Ground law permits the use of force, including deadly force, if you reasonably believe it’s necessary to prevent imminent death, bodily harm, or the commission of a forcible felony. This defense applies even if you could have retreated from the situation.
Insufficient Evidence
The prosecution must prove each element of the charge beyond a reasonable doubt. If key evidence is lacking, contradictory, or unreliable, this can weaken the prosecution’s case and serve as a defense.
Aggravators to Both Assault and Battery
Both assault and battery are considered “enhanceable offenses.” So, depending on how you commit the crime, it can be filed as a misdemeanor or a felony. For example, aggravated assault can be where you commit assault but do so with a deadly weapon (such as a knife). If that is the case, the crime moves from a 2nd degree misdemeanor to a 3rd degree felony, which exposes you to a maximum of 5 years in prison. And if you get convicted of aggravated assault with a firearm, that crime requires 3 years minimum mandatory in prison!
Misdemeanor battery can also be increased to a felony in several ways: by strangulation, aggravated battery, felony battery, or by committing a battery on a law enforcement officer. The crime of battery is subjective. In other words, if defendant A hits the victim with X amount of force and the person does not suffer a severe injury because of it, it is just a simple misdemeanor battery. However, if defendant B hits the victim with the same X amount of force but his victim suffers a severe injury, it is a felony battery. This is commonly referred to as the eggshell skull theory – you take your victim as you find them. It does not seem fair to punish the second defendant for the same conduct, does it? Sucks, but that is the law.
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Why Choose Fighter Law?
At Fighter Law, we are committed to providing aggressive and compassionate representation for those facing assault and battery charges in Florida. With board-certified trial lawyers like Thomas Feiter and Jessica Travis leading our team, we bring decades of experience and a proven track record to every case. Thomas Feiter, named Board Certified Lawyer of the Year by The Florida Bar, and Jessica Travis, a former prosecutor with extensive trial experience, know how to effectively navigate the legal system and fight for the best possible outcome.
What sets us apart is our dedication to our clients. We work closely with you to understand the details of your case, build a strong defense, and keep you informed at every step. From challenging evidence to exploring all potential defenses, we use every tool available to protect your rights and future. Schedule a free consultation today by calling (407) 344-4837 or completing our online contact form.
