Assault and Battery


Assault and battery cases usually center on two issues for the defense; 1) self-defense and 2) lack of credibility of the witness.

A battery is a “harmful touching”. If you get into a fight and lay your hands on someone else you could be charged with a battery. The most important factor in defending those accused in these cases is gathering as much evidence as possible as soon as the incident has taken place. One thing we will do is get a copy of the 911 call to the police. We want to hear exactly what was said in the initial call. Next we want to start to gather people who witnessed this event. In Florida there is a new law that states you have no duty to retreat. If you feel you have a reasonable fear for your safety, you can absolutely defend yourself. We want to investigate every possible defense you have and then defend you to the fullest.

An assault means that you have put someone in an immediate fear for their safety. That is another situation where you have a right to defend yourself. Many times these cases are difficult for the State Attorney’s to prosecute. First off, the alleged victim in the case is usually the initial aggressor. That is something we would explore once you have our Law Firm fighting for your rights.

An assault is a second-degree misdemeanor unless it is upon a law enforcement officer in that case it can be a felony charge. There are many different types of battery charges. Some can be extremely serious. If you are found guilty of a battery on a law enforcement officer, you cannot get a withhold of adjudication. You will be a convicted felon if you plead guilty to that charge. So what would we do? First, we will try to beat the case. If the facts are stacked against us our next course of action would be to get those charges reduced so we can keep you from being a convicted felon, which follows you for the rest of your life. Felony convictions can keep you from getting a job, keeping a gun, collecting Social Security benefits and other far-reaching ramifications that go beyond jail.


The penalties of an assault or battery charge depend on the circumstances of the crime. Both assault and battery have different levels at which they can be prosecuted. Below is a list of the levels and penalties for each charge:

Assault charge:

• A second degree misdemeanor
• Up to 60 days in prison
• Up to a $500 fine

Aggravated assault charge:

• A third degree felony
• Up to 5 years in prison
• Up to a $5,000 fine

The difference between aggravated assault and a regular assault is that aggravated assault involves the usage of a weapon or a means to follow through on the words of the threat.

Battery charge:

• A first degree misdemeanor
• Up to one year in prison
• Up to a $1000 fine

Felony battery charge:

• A third degree felony
• Up to 5 years in prison
• Up to a $5000 fine

Aggravated battery charge:

• A second degree felony
• Up to fifteen years in prison
• Up to a $10,000 fine

The attorneys at Finebloom, Haenel, and Higgins have years of experience handling assault & battery charges. These crimes are very serious in nature and carry heavy sentences if they are not defended properly. Your livelihood and future depend on retaining the best defense for your case. Our firm has dedicated its practice to exclusively criminal defense and has a long standing track record of successfully defending assault and battery cases throughout South West Florida. If you or a loved one has been charged with a criminal offense, call our office for a free, no obligation case evaluation to discuss the particular circumstances involved with your case. Our attorneys will examine the evidence against you as well as the police report to determine the best course of action. We will represent you at the arraignment and if necessary, work with you and your family to arrange bail. Call or contact our office today to take the first step towards resolving your assault and battery case.