Orlando Assault - Battery Defense Lawyer
Assault and Battery Criminal Defense Attorney, Mark C. Bender: Serving Orlando, Winter Park, Maitland, Orange County, Seminole County, Osceola County, and Central Florida.
Call (407) 246-0100 today to schedule a confidential consultation with attorney, Mark C. Bender.
Assault and Battery while similar in nature, they are separate crimes.
ASSAULT CRIMES: Assault crimes involve an intentional threat to commit harm against another, where the victim has a reasonable fear that the threat of violence in imminent. Assault does not involve what is perceived as a threat a a few days ago or a month ago. The key elements of an assault crime are:
- The victim believes the threat is real and intentional.
- The threat of violence is likely to about to occur.
- The victim believes the person making the threat has the ability to carry out the actions of the threat that has been made.
In Florida, simple assault is when a deadly weapon is not used in the commission of the alleged assault crime, while aggravated assault does involve a deadly weapon.
BATTERY CRIMES: Battery crimes involves intentionally striking or touching another person against their will. The key element of criminal battery offenses is "intent." Without intent to strike or touch someone against their will, there is no battery crime. Simply put, accidental touching someone or accidentally causing bodily harm to another is not criminal battery... it is an accident.
In Florida, simple battery is when a deadly weapon is not used in the commission of the alleged battery crime, while aggravated battery does involve a deadly weapon.
In order for the prosecution to successfully achieve a conviction for assault or battery, they must be able to prove intent. Intent or perceived intent is subjective in nature, and proving or disproving intent may have it's own challenges from case to case.
If you have been accused, arrested, and charged with an assault or battery crime in Orlando or Central Florida, make sure your rights are protected.
