Florida law defines the elements of assault as (1)
the intentional and unlawful threat by word or act to do violence to victim, (2)
Defendant appeared to have the ability to carry out the threat, and (3) the victim
had a well-founded fear that the violence was imminent.
Battery, a separate
crime in Florida, is (1) when the Defendant intentionally struck or touched the
victim against their will, and/or (2) the Defendant intentionally caused bodily
harm to the victim.
Should an individual be accused of assault or battery
in Central Florida or its surrounding areas, his or her sentence has the potential
to be significantly harsher if the act:
- Was carried out against a teacher,
emergency first aid professional, public transportation driver, person over 60,
handicapped person, etc.
- Involved a deadly weapon
carried out by a person with a spotty criminal record.
In just one
year, nearly 20,000 people were convicted of aggravated assault in Orlando alone.
This represents nearly twice the national average for aggravated assault convictions.
more information or to schedule a private case evaluation with the Schwendeman
Law Firm, call 855.674.9898 or Email at firstname.lastname@example.org