Assault & Battery

Depending on the circumstances surrounding the case and the jurisdiction in each region, the basic concept underlying assault and battery is the same, but the crimes can be different. Assault can be defined as a reckless or an intentional threatening act that makes a person to fear for their life or safety. To constitute an assault, no physical contact or even actual physical harm is required.

If you are facing an Assault & Battery criminal offense and need legal representation, the Law Office of Karla Y. Campos-Andersen ESQ. P.A. can advice you on all matters related to Assault & Battery.

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Understanding Your Rights

An example of an act of assault is pointing a gun or a sharp object to a person. If this results in harm or injury, it is regarded a criminal offense, or else a tort. If the defendant and the plaintiff engage in a fight voluntarily, neither of the two will succeed to sue the other. If the victim engages in a fight with the defendant as a voluntary act and not self-defense, then the victim is not likely to get a case against the defendant with the exception of a case where excessive or unreasonable force is used.

Have you been accused of Assault or Battery?

Assault is defined by the Florida Statutes as an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. A Battery may occur if a person actually and intentionally touches or strikes another person against the will of the other; or Intentionally causes bodily harm to another person. Both are misdemeanors and can carry a jail sentence. If you are accused of assaulting or committing a battery against someone, contact an attorney as soon as possible.

Can I sue for Assault and Battery?

Acts of Assault may be considered to be felonies if there is criminal intent such as intent to rape, kill, rob or when a dangerous weapon is involved. In the past they were considered as Misdemeanor. To be found guilty of the Assault and Battery, the individual must have intent to harm the victim. There may be a different rules and procedures depending on individual situations and jurisdictions. It is important to be aware of what the assault and battery laws are in Florida so that you can take the right action against an individual if you have been a victim of assault and battery. A victim may not file a lawsuit, if the defendant had his consent to commit the offense. For example, a defendant may not succeed in launching a lawsuit on the grounds of assault and battery against a police officer in case the police officer exerts force when conducting the arrest.

What about self-defense?

When it comes to the self-defense, any human being is known to defend themselves when exposed to any kind of harm. This must be proportionate to the kind of harm one is exposed to; otherwise, a victim should try to withdraw from the act with the exception of the victim’s territory like his home or place of work. Just like self-defense, defense of others is whereby a family member tries to defend another if exposed to any kind of harm. Some jurisdictions permit this act only when an actual threat or battery is involved. Others allow the defense of others even in a situation where the defendant is mistakenly considered to be a threat, as long as the mistake is reasonable enough.

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