Assault and Battery
Cases Built on Physical Altercations and Allegations
Assault and Battery in Florida for defendants charged with simple battery, aggravated assault, or felony battery offenses
Physical altercations in bars, parking lots, and public spaces frequently result in assault and battery charges where self-defense, mutual combat, or mistaken identity are viable defenses. Defense work for these cases involves obtaining surveillance footage, interviewing independent witnesses, and challenging the alleged victim's version of events through inconsistencies and contradictions. Law Office Of Mindy Sohn, P.A. defends clients charged with misdemeanor battery, felony battery causing great bodily harm, and aggravated assault with a deadly weapon throughout Florida.
Battery charges require proof of intentional touching or striking against the will of another, while assault charges are based on threats and the apparent ability to carry out those threats. Aggravated offenses involve weapons, serious injury, or victims in protected classes such as law enforcement officers or elderly individuals, and those enhancements significantly increase sentencing exposure.
Schedule an initial consultation to review arrest details, witness statements, and defense strategies applicable to the facts of your case.
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What You Notice Once the Defense Process Begins
Representation starts with gathering evidence that law enforcement may have overlooked or dismissed, including security camera footage from nearby businesses, cell phone video recorded by bystanders, and medical records documenting injuries to all parties involved. Defense attorneys issue subpoenas for this evidence and depose witnesses to lock in their testimony before trial. Florida's stand-your-ground law provides immunity from prosecution in cases where force was justified, and immunity hearings are conducted before trial when the facts support that defense.
You receive detailed explanations of the charges, the legal elements the state must prove, and how the evidence does or does not support those elements. The defense process includes filing motions to exclude prejudicial evidence, negotiating with prosecutors for reduced charges or diversion programs, and preparing for trial when resolution is not in your interest.
Self-defense claims require establishing that you reasonably believed force was necessary to prevent imminent harm, and the defense must address whether you were the initial aggressor or whether you had a duty to retreat. Battery cases also involve examining the severity and location of injuries, the presence of weapons, and whether the contact was incidental rather than intentional.
What Clients Ask About Assault and Battery Defense
Defendants and their families often seek clarity on the charges, potential penalties, and how the defense addresses conflicting witness accounts.
- What happens during the defense investigation for an assault or battery charge? The investigation includes locating and interviewing witnesses, obtaining video evidence, reviewing medical records, and documenting injuries to all parties to establish context for the altercation.
- How does Florida law define the difference between assault and battery? Assault is an intentional threat combined with the apparent ability to carry out that threat, while battery is the actual intentional touching or striking of another person against their will.
- Why do some battery cases include aggravated charges while others remain misdemeanors? Aggravated battery requires proof of great bodily harm, permanent disability, or disfigurement, or the intentional use of a deadly weapon, while simple battery involves less serious contact or injury.
- What role does surveillance footage play in assault and battery defense? Video evidence can establish self-defense, show that the alleged victim was the aggressor, reveal that the defendant was not present, or demonstrate that the contact was accidental rather than intentional.
- How long does it take to resolve an assault or battery case in Florida? Case duration depends on the complexity of the evidence, the number of witnesses, whether motions are filed, and whether the case resolves through negotiation or proceeds to trial, typically ranging from several months to over a year.
Law Office Of Mindy Sohn, P.A. handles assault and battery defense throughout Florida. Contact the office to discuss the charges and evidence in your case and begin building a defense tailored to the facts and applicable law.