Tampa Assault & Battery Lawyer

Simple Battery

Battery is defined by Florida Statute 784.03 as the intentional touching or striking of a person against his or her will, regardless of injury. Thus, conceivably you could throw a plastic cup of water or a shoe at a person in a fit of rage and if it hits them be charged with Battery.

A citizen is allowed to utilize physical force as self-defense if someone is in imminent danger of being assaulted or battered by another. A citizen may step in to defend others by protecting them with the reasonable use of force. A citizen may also use reasonable force to defend their property to protect their property. The use of physical force in self-defense must be relative to the act being perpetrated. Thus, if someone shoves you out of the way you cannot then take out a knife and stab them.

Aggravated Battery and Felony Battery

A battery is “aggravated” under the law if serious bodily injury results or if a dangerous weapon is used. Felony Battery occurs when the intentional touching or striking of another against their will results in serious bodily injury or permanent disfigurement.

Aggravated Assault

An assault does not involve physical contact but actual threats to do bodily harm to another coupled with the apparent ability to do so. Aggravated Assault involves threats to do serious bodily harm to another coupled with the apparent ability to be able to do so. Thus, if a dangerous weapon is pointed at someone in a threatening manner or if a driver intentionally attempts to run a pedestrian off the road an aggravated assault may have occurred.

Does the alleged victim have a vendetta?

Attorney Ray Lopez has successfully obtained not guilty verdicts in Battery, Aggravated Battery and Aggravated Assault charges by casting doubt on the alleged victim’s credibility. Often times in these types of cases there is personal animosity between the accused and the alleged victim. You need an attorney who will put the alleged victim on trial to point out to the judge and jury their bias and prejudice toward the accused.

Get the Law on Your Side

You can contact my office day or night at (813) 221-4455 for expeditious filing and veteran representation by an experienced probation lawyer. Your initial consultation is free, and we can accept Visa and MasterCard. Se Habla Español.