Assault & Battery Benefit From Over 27 Years of Trial Experience

Sarasota Assault & Battery Defense Attorney

Aggressive Defense for Violent Crimes in Sarasota & Manatee Counties

Assault and battery crimes involve acts of physical violence or threats of physical violence. These are serious criminal charges, and a conviction can result in years behind bars and other life-altering penalties. If you or someone you love has been charged with assault, battery, or both, you need to take immediate action to protect yourself.

At The Miller Law Firm, P.A., our experienced criminal defense attorney in Sarasota are prepared to fight for your rights, your future, and your freedom. We have successfully represented countless clients facing all types of violent crime charges and know how to navigate the criminal justice system.

Call us at (941) 275-2489 or online today to request a confidential consultation with a member of our team.

What Is the Difference Between Assault & Battery in Florida?

While many people use the terms “assault” and “battery” interchangeably, they are actually two separate offenses in Florida.

The primary difference between assault and battery is:

  • Assault involves a threat of physical violence, while
  • Battery involves actual physical violence.

That is to say, assault involves a person’s intentional act of threatening to do violence to someone else. Battery, on the other hand, involves a person’s intentional act of actually doing violence to someone else.

In other words, assault is the threat of violence, while battery is the act of violence itself.

Assault and battery can be charged as separate offenses or together, depending on the specific circumstances involved. In many cases, an assault charge will be accompanied by a battery charge, but this is not always the case.

What Is Aggravated Assault in Florida?

Aggravated assault is a specific type of assault that involves the use of a deadly weapon. In Florida, a deadly weapon is one that is used or threatened to be used in a way that is likely to cause death or great bodily harm. This could include any type of weapon, such as a gun, knife, bat, or even a car.

Aggravated assault is a felony offense and carries harsher penalties than simple assault. However, it is important to note that, in Florida, the aggravated assault does not have to involve an actual weapon. Merely threatening to use a weapon in a way that is likely to cause serious injury can result in an aggravated assault charge.

What Is Aggravated Battery in Florida?

Aggravated battery is a specific type of battery that involves causing serious bodily injury to another person. In Florida, aggravated battery is a felony offense and carries harsher penalties than simple battery.

Under Florida law, “serious bodily injury” is defined as:

  • Bodily injury that creates a substantial risk of death;
  • Extreme physical pain;
  • Protracted and obvious disfigurement; or
  • Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

It is important to note that, in Florida, not every case of battery is aggravated battery. However, if the defendant intentionally or knowingly caused great bodily harm to a victim who is pregnant, the offense is elevated to a aggravated batter, a second-degree felony.

What Is the Sentence for Assault & Battery in Florida?

In Florida, assault is a second-degree misdemeanor and battery is generally charged as a first-degree misdemeanor. If convicted, you can face the following penalties:

  • Assault: Up to 60 days in jail and a fine up to $500
  • Battery: Up to 1 year in jail and a maximum $1,000 fine

However, if the assault or battery is committed against a specific type of victim, the offense could be elevated to a felony. For example, if the victim is a law enforcement officer, firefighter, EMT, health care provider, public transit employee, or certain other types of workers, the offense is a third-degree felony.

Penalties for aggravated assault offenses in Florida include:

  • Up to 5 years in prison
  • A maximum $5,000 fine

Penalties for aggravated battery offenses in Florida include:

  • Up to 15 years in prison
  • A maximum $10,000 fine

How to Defend Against Assault & Battery Charges in Florida

When you have been accused of assault or battery, you may feel like you are up against impossible odds. However, the prosecution has the burden of proving your guilt beyond a reasonable doubt, and there are many effective defense strategies that can be used to challenge the evidence against you.

At The Miller Law Firm, P.A., our Sarasota assault and battery defense lawyer has extensive experience handling these types of cases. We know how to effectively challenge the prosecution’s evidence and build a strong, personalized defense on your behalf.

Some of the defense strategies that may be used in your case include:

  • Self-Defense – If you reasonably believed you were in imminent danger of suffering bodily harm, you had the right to defend yourself. This may involve using reasonable force to protect yourself against an assailant.
  • Defense of Others – If you reasonably believed another person was in imminent danger of suffering bodily harm, you had the right to defend that person. This may involve using reasonable force to protect someone else against an assailant.
  • Defense of Property – If someone was unlawfully attempting to enter your home or other building, you had the right to defend your property. This may involve using reasonable force to protect your property against an intruder.
  • False Accusations – It is not uncommon for people to be falsely accused of assault or battery. In some cases, the accuser may have an ulterior motive for making false claims. In other cases, the accuser may have genuinely believed you committed the crime, but they are mistaken.
  • Insufficient Evidence – The prosecution must prove each element of the offense beyond a reasonable doubt. If there is not enough evidence to meet this burden, the charges against you may be dismissed.

These are just a few examples of the defense strategies that may be used in your case. The right approach will depend on the specific circumstances involved, as well as the evidence against you.

How Does Assault & Battery Affect Your Record?

Assault and battery are both criminal offenses in Florida. If you are convicted, the offense will be placed on your permanent criminal record. This means that, in the future, if someone runs a background check on you, they will see the conviction.

This can make it difficult to find housing, get a job, obtain certain professional licenses, qualify for student loans, and more. In other words, an assault or battery conviction can have a serious negative impact on your life. That’s why it is so important to take these charges seriously and hire a skilled criminal defense lawyer in Sarasota to represent you.

Can Assault & Battery Charges Be Dropped?

Yes, assault and battery charges can be dropped, but only if:

  • The prosecution decides to drop the charges
  • The judge dismisses the charges
  • You are acquitted at trial

In other words, you cannot simply ask the prosecution to drop the charges and expect that to happen. However, if the prosecution does not have sufficient evidence to prove your guilt beyond a reasonable doubt, the charges may be dropped. If the prosecution is not confident in its case, it may also be willing to agree to a plea deal. A plea deal is an agreement between the prosecution and the defense in which the defendant agrees to plead guilty or no contest to certain charges in exchange for more lenient penalties.

Our team at The Miller Law Firm, P.A. knows how to effectively negotiate with the prosecution and can help you seek a favorable plea deal or, if necessary, fight for a better outcome at trial.

How to Get Assault & Battery Charges Expunged in Florida

In Florida, if you were charged with assault, battery, or any other type of crime, but the charges were ultimately dropped or dismissed, you may be eligible to have your criminal record expunged.

When a criminal record is expunged, the records are sealed and are no longer accessible to the public. This means that, in most cases, no one will be able to see that you were arrested or charged with a crime, which can help you move forward with your life.

However, it is important to note that, in Florida, if you were convicted of assault, battery, or any other type of crime, you generally cannot have your record expunged. There are a few exceptions to this rule, such as if you were convicted of a nonviolent misdemeanor and you have never been convicted of a crime before.

Our Sarasota assault and battery defense attorney can help you understand if you are eligible to have your criminal record expunged and what can be done to pursue this process.

Contact an Experienced Sarasota Area Assault & Battery Attorney

Our experienced attorney is dedicated to providing the best possible defense for individuals who have been charged with assault or battery. We understand that these types of charges can have serious consequences and our goal is to help our clients navigate through the legal process and achieve the most favorable outcome. From gathering evidence and building a strong defense to negotiating plea deals and representing clients in court, we are committed to protecting the rights of those facing assault or battery charges. With our knowledge, skills, and dedication, you can trust that your case will be in good hands with us. 

Contact us at (941) 275-2489 or visit our contact page today to schedule a private consultation with one of our team members.

Hear From Our Happy Clients

At The Miller Law Firm, P.A., your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Scott got my driver's moving violation dismissed."
    Great result and Scott took his time to explain everything of how he would work the case!
    - Alex C.
    "The outcome for us was better than we could have hoped for and I credit Scott's tenacity and creative perseverance for the results."
    Scott did a wonderful job and I found him to be professional, kind, communicative, and honest throughout the handling of our case. The outcome for us was better than we could have hoped for and I credit Scott's tenacity and creative perseverance for the results.
    - Melissa R.
    "Not only did he get the outcome I wanted, but he also did it quickly and efficiently."
    He is well respected and will fight to see justice served.
    - Lyle T.
    "I'm very pleased with the outcome!"
    Scott was quick and settled the case in an unbelievable amount of time.
    - Julie K.
    "Scott was kind and straightforward."
    This is the place to come for help.
    - Andrea C.
    "If you need a great attorney give Scott a call and have him represent you! You will not regret it!"
    Scott is such a great guy ! His love for his clients is genuine and with that being said he is an amazing fighter as well ! The prosecutor was trying to give me 9 month's and Scott would not accept that deal ! He kept fighting and pushing for a better deal and he got four month's knocked off and also got me ann extra month of time served credit towards my Sarasota case , He was also nice enough to drive an hour away to represent me in my Port Charlotte case as well , Another important thing that i want to mention is that when you call him he will call you back that same day that means alot to not only me but my family who was worried about my situation , Alot of these attorneys do not do that because all they cared about was getting your money , If you need a great attorney give Scott a call and have him represent you ! You will not regret it !
    - Robert B.
    "Scott and Holly were both incredible to me."
    Scott and Holly were both incredible to me. They understood what I wanted and helped me get the outcome I wanted. Communicating with them was simple and it was super easy to reach them.
    - Sarahi E.
    "I highly recommend him."
    Mr. Miller called me back the same day and took the time to listen to my issue. He advised me accordingly and in a way I understood for the best outcome. Very thankful he was there to help. I highly recommend him.
    - Leanne L.

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  • Dropped 1st Appearance
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  • Charge Reduced 1st Degree Felony Drug Trafficking charge
  • 2012 CF 1875
  • No Charges Filed Aggravated Assault

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