Assault & Battery


Florida Statutes Section 784.011 defines assault as an unlawful and intentional threat by word or act to do violence towards another person with an apparent ability to do so, or some act that creates a well-founded fear in another person that violence is imminent. The crime of an assault is second degree misdemeanor.

Battery and Felony Battery

Florida Statutes Section 784.03 defines battery as where an individual actually touches or strikes another person against his or her will and intentionally causes bodily harm. The charge of a battery is a first degree misdemeanor.

Felony Battery, however, occurs when a person has a prior conviction of a battery, aggravated battery, or felony battery and who commits a second or subsequent battery on another person. Felony Battery is a third degree felony.

Such charges can arise when a situation becomes heated. An individual may face anywhere from 60 days to 1 year for a misdemeanor or up to five years in prison for a third degree felony. At this point, it is important to seek the advice of a criminal defense attorney on the best approach to the defense. An individual charged with an assault or a battery has several options such as a diversion program, probation, or a complete dismissal of the charge. Mr. Stewart conducts a thorough investigation of each case by reviewing evidence, interviewing witnesses favorable to a client’s side of the story, and conducting depositions. In addition, Mr. Stewart conducts motion practice at the pre-trial stage of the case to either dismiss the case or suppress any illegal evidence. Mr. Stewart vehemently defends his clients’ rights from the beginning of the investigation to all the way through the trial stage.

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