Assault and Battery Defense Attorney in Brandon
Assault and battery charges are serious and can result in jail time and a permanent criminal record. Curry Law Group aggressively defends against these charges.
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Understanding Assault and Battery in Florida
In Florida, assault is an intentional threat that creates a reasonable fear of imminent violence. Battery is the actual unwanted touching or striking of another person. Simple assault/battery is a misdemeanor; aggravated forms involving weapons or serious injury are felonies.
Penalties
Simple assault: second-degree misdemeanor up to 60 days jail. Simple battery: first-degree misdemeanor up to 1 year jail. Aggravated assault/battery: felonies carrying 5–15 years depending on circumstances.
Defense Strategies
We investigate self-defense claims, question witness credibility, examine police investigation procedures, and identify inconsistencies in the alleged victim's account. Many assault/battery cases involve false accusations or justified self-defense.
Diversion and Resolution Options
Depending on circumstances, cases may be resolved through diversion programs, plea agreements reducing charges, or trial. First-time offenders may be eligible for programs avoiding conviction.
Frequently Asked Questions
What is self-defense? You can use force to protect yourself if you reasonably believe you're in imminent danger of serious harm. Can assault charges be reduced? Yes, through negotiations, proving self-defense, or demonstrating insufficient evidence. What happens if this is my first offense? First-time offenders may be eligible for diversion programs or reduced sentences.
Contact Curry Law Group Today
For assault and battery defense, call Curry Law Group. Call 813-653-2500 for a consultation.
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Key Legal Terms
Important Criminal Law Terms
Understanding these terms can help you make informed decisions about your case.
Acquittal
A decision by a judge or jury that the evidence did not prove the defendant's guilt. The person is released and cannot be tried again for the same charge.
Read full definitionArraignment
A defendant's first formal court appearance after arrest, where charges are read, a plea is entered, and bail may be set. It marks the start of formal criminal proceedings.
Read full definitionAssault and Battery
The use of physical force against another person. In Florida, simple assault is a threat or attempt, while battery involves actual contact, and both can be charged as misdemeanors or felonies.
Read full definitionBail
Security posted to secure a defendant's release from jail pending trial, conditioned on appearing in court. Florida judges set bail based on the charge, criminal history, and flight risk.
Read full definitionBench Warrant
A warrant issued by a judge, typically for failing to appear in court or violating a court order. An outstanding warrant can lead to arrest at any time.
Read full definitionBurglary
The unlawful entry into a building or structure with intent to commit a crime inside. Florida treats it as a felony, with enhanced penalties if a weapon was involved.
Read full definitionStart Consultation
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Top-Asked Questions
No. Always politely decline to answer questions and request an attorney immediately. Anything you say can be used against you, even if taken out of context. Police are trained to extract information, and you have the right to legal representation. We strongly advise invoking your right to counsel before any questioning.
Misdemeanors are less serious crimes (shoplifting, simple assault) punishable by up to one year in jail. Felonies are more serious (burglary, drug trafficking) and carry sentences of more than one year or potentially life imprisonment. The charge type affects penalties, sentencing guidelines, and your rights.
Yes. Charges can be dismissed if evidence is insufficient, if your constitutional rights were violated (illegal search), if the statute of limitations expired, or if the prosecutor agrees to dismissal. We investigate the evidence thoroughly and file motions to suppress illegally obtained evidence and challenge weak cases.
At arraignment, you're informed of charges, advised of your rights, and bail/bond is set. You enter a plea (not guilty, guilty, or no contest). It's critical to have an attorney present—what you say and do affects your entire case. We protect your rights from the first court appearance.
You can go to trial (where guilt must be proven beyond reasonable doubt), negotiate a plea deal with reduced charges/sentences, or pursue other resolutions. We evaluate the evidence strength, witnesses, and prosecution's case to advise you on your best option. The decision is always yours.
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