Tampa Assault And Battery Lawyer
If you have been charged with assault or battery of any type or degree, hiring an experienced attorney to represent you is crucial to protecting your rights. At the law firm of Escobar, Michaels & Associates, we have experience in aggressively representing people charged with these serious crimes of violence.
Battery is defined in Section 784.03, Florida Statutes, as the intentional touching or striking of a person against his or her will, regardless of whether an injury occurred.
Aggravated battery can occur if serious injury results or if a dangerous weapon was used.
Assault does not necessarily involve any physical contact. An assault includes the intentional unlawful threat by word or act to do physical violence to another, even if no physical contact actually occurs. The threat must be by word or act and the person making the threat must have done something to make the alleged victim believe that this violence is about to happen. Assault can either be a misdemeanor or felony, depending on the facts that surround the situation.
Aggravated assault occurs if the person uses a deadly weapon without the intent to kill when committing an assault. Aggravated assault can also occur when an assault is committed with an attempt to commit an additional felony.
The facts of each case are unique. It is crucial that you meet with an attorney as soon as possible after any accusation of assault or battery is made. Even if you have been arrested, the attorneys at Escobar, Michaels & Associates can intervene on your behalf to help persuade the prosecutor not to file any formal charges within the weeks after the arrest but before any court date is scheduled.
If charges have been formally filed, an attorney can aggressively defend your rights and explore all possible defenses that might exist in your case. Here are some examples of common defenses:
- Consent. It may sound strange, but if the alleged victim consents to have the defendant commit an act of assault or battery, he or she has no legal claim to make an assault or battery charge. But when would a person give another person consent to assault and batter himself or herself? The most obvious scenario occurs in sports. A physical contact sport like football is a breeding ground for assault and battery but it’s also part of the game! Unless a player seriously violates the rules of the game (like chopping a football player off at the knees), no legal action is likely to be taken. Consent may also infer many other contexts such as in authorized medical or surgical procedures.
- Self-defense. If a person believes that he or she is in harm’s way, physical force may be used. The act of self-defense must be relative to the threat. For example, if you know someone is going to throw something at you, you can push him or her away, but not go after him or her with a baseball bat.
- Defense of others. Similar to self-defense, this type of defense refers to a person protecting another person by using physical force.
- Defense of property. Also similar to self-defense, this type of defense refers to a person protecting his property by using physical force.
- Voluntary combat. If two people equally volunteer to engage in a physical fight, it is unlikely that the prosecutor would be able to prosecute either party. The exception is if one person used excessive or unreasonable force.
While these are just some of the defenses that relate to assault and battery charges, there are others. If you feel you were wrongfully charged with assault and battery charges and you live in the Tampa, Florida, area, you need the best representation. Contact the law office of Escobar, Michaels & Associates, and we will provide you with the best defense.
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