Clearwater Assault & Battery Attorney

Assault and Battery Cases in Clearwater

Assault is an intentional threat, by word or act, to cause harm to another person, with the apparent ability to so. Raising a fist to another, while in their immediate vicinity, and while threatening to strike is an example of assault. Simple assault is a second degree misdemeanor, punishable by up to sixty days in the county jail and up to six months probation. A simple assault can be enhanced to a felony if a deadly weapon, such as a firearm, is utilized in the process.

Battery is the intentional touching or striking of another without his or her consent. Simple battery is a first degree misdemeanor, punishable by up to a year in county jail or up to twelve months of probation. Battery charges are also enhanceable, depending on the circumstances.

Battery Charges and Penalties

• Felony Battery - the State has the option of charging a simple battery as a "felony battery" when the accused person has one or more prior battery convictions. It does not matter whether the person pled guilty or no contest to the prior charge, or whether adjudication was withheld.
• Felony Battery - there is a second type of felony battery that is more severe in terms of offense classification than the first. The second form of felony battery occurs when the accused person touches or strikes another against their will, which causes serious injury. This charge typically applies where the accused person intends to touch or strike the other person, but does not intend to cause the degree of injury that results.
• Battery on a person age 65 or older - this offense occurs when the victim of what would otherwise be a simple battery is 65 years of age or older. This is a felony offense.
• Battery on a Law Enforcement Officer - this offense occurs when the victim of a what would otherwise be a simple battery is a law enforcement officer, fire figher, or EMT. This is a felony offense.
• Domestic Battery by Strangulation - a person commits a domestic battery by strangulation when he or she impedes the breathing of a family member, or person with whom he or she is romantically involved, by applying pressure to the throat or neck. This is a felony offense.
• Aggravated Battery - occurs when, in the commission of a simple battery, the accused person intentionally causes great bodily harm to another, uses a deadly weapon, or where the alleged victim is a pregnant female. This is a felony offense. If the victim is a law enforcement officer, a five year minimum mandatory sentence applies.

Attorney Timothy Hessinger has over 15 years of experience as a former state prosecutor. As a criminal defense attorney, he has seen every possible assault and battery incident, including family members coming to blows, altercations at parties, and countless other types of incidents that resulted in an arrest. We are committed to getting your charges reduced (battery to disorderly conduct, or felony battery to simple misdemeanor battery), or dismissed or in seeking an acquittal. If you are a first time offender, you may be eligible to attend a diversion counseling program.

Early involvement in your case can offer opportunities to avoid being charged. Do not wait for the State Attorney to file formal charges against you before contacting out legal team. The best opportunity to challenge your case occurs prior to the State Attorney filing formal charges. For more information on this process, click here.