Five Common Defenses to Assault and Battery Charges In Florida
Many people refer to assault and battery as the same crime but in Florida, they are two separate offenses. Still, one incident may result in charges of both assault and battery. Assault refers to the crime of intentionally threatening to harm someone either through words or actions. Battery, on the other hand, is the actual act of hurting someone. Although the two crimes are separate from each other, there are common defenses that can be used for both charges. Below, our Tampa assault defense attorney outlines five of the most common.
Self-Defense
If you had reason to believe it was necessary to use force to defend yourself, this can serve as a defense to assault and battery. Florida’s Stand Your Ground law allows you to use force to defend yourself and you do not have to make any attempt to escape or retreat beforehand. If someone enters your home or vehicle without your permission, it is presumed that they have the intent to commit a violent crime. Self-defense can be used in these situations and not result in charges of assault and battery.
You Were Defending Another Person
If you are protecting other people, it is also considered self-defense. The harm you are trying to defend against does not have to be deadly, only unlawful. For example, if someone broke into your house and threatened your family, you could use force to defend yourself and your loved ones. Even if you injured the intruder, you cannot be charged with assault or battery.
You Were Defending Your Property
If someone is illegally on your property and they are engaging in misconduct, you cannot be charged with assault or battery. For example, someone may trespass onto your property and try to break into your car. In this instance, you could use force to stop them.
You Did Not Intend to Cause Harm
People sometimes joke with each other and that may even include insulting them. They may even end up hitting each other, but without the intent to hurt the other person. Assault and battery both require intent and if you did not have it, it could serve as a defense.
Consent
People do not usually consent to being hurt, but there are times when it can be used as a defense. For example, two people may be engaging in horseplay and someone becomes hurt. Due to the fact that both people agreed to the act, charges of assault and battery would not apply.
Our Tampa Assault/Batterey Defense Lawyer in Tampa Can Help
If you have been charged with assault or battery, you need a strong defense. The penalties associated with a conviction are harsh and include jail time, high fines, and more. At All Family Law Group, P.A., our Tampa assault defense lawyer knows the strategies that are effective in these cases and will use them to help you beat your charges. Call us now at 813-672-1900 or contact us online to schedule a free consultation.
Sources:
flsenate.gov/Laws/Statutes/2012/784.011
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.03.html
