Facing an assault or battery charge in Bradenton or Sarasota can feel overwhelming, especially when the stakes involve your freedom, reputation, and future. At McNary Law, our attorneys understand what you’re up against.
Whether it’s a simple misunderstanding or a case involving serious injury, we approach each matter with the urgency, clarity, and experience it deserves. With our deep knowledge of Florida law and commitment to our clients, we’ll fight to protect your rights and build a strong defense.
Understanding Assault and Battery in Florida
In Florida, assault and battery are distinct criminal offenses under Chapter 784 of the Florida Statutes, even though they are often used interchangeably in casual conversation.
What is Assault?
Assault is defined as an intentional and unlawful threat—by word or act—to do violence to another person, coupled with the apparent ability to carry out the threat, and doing some act which creates a well-founded fear in that person.
Types of Assault:
Simple Assault (Misdemeanor): Up to 60 days in jail and/or a $500 fine.
Aggravated Assault (Felony): Involves a deadly weapon or intent to commit a felony; punishable by up to 5 years in prison and/or a $5,000 fine.
What is Battery?
Battery occurs when someone actually and intentionally touches or strikes another person against their will, or intentionally causes bodily harm.
Types of Battery:
Simple Battery (Misdemeanor or Felony depending on priors)
Felony Battery: Involves great bodily harm, permanent disability, or disfigurement.
Aggravated Battery: Involves a deadly weapon or knowledge that the victim is pregnantChapter 742 – 2024 Flor….
Potential Penalties for Assault and Battery Charges
Florida takes violent offenses seriously. Sentencing may include:
Jail or prison time
Probation
Mandatory anger management or counseling
Loss of firearm rights
Permanent criminal record
Felony convictions carry long-term consequences, including the loss of civil rights, difficulty finding employment or housing, and ineligibility for professional licenses.
How an Assault and Battery Attorney Can Help
At McNary Law, our Bradenton and Sarasota attorneys bring sharp legal insight and a compassionate touch to every assault or battery case. Here’s how we help:
Thorough case review: We’ll examine the evidence, including witness statements, surveillance footage, and police reports.
Evaluate defenses: Common defenses include self-defense, defense of others, mutual combat, lack of intent, or mistaken identity.
Negotiate or litigate: We may pursue dismissal, reduced charges, or an acquittal at trial—whichever strategy best protects your interests.
Protect your rights: We ensure you are treated fairly and not pressured into a plea without exploring every legal option.
Common Questions About Assault and Battery Charges
Can I be charged with both assault and battery?
Yes. If you threaten someone (assault) and follow through with physical contact (battery), you can be charged with both offenses.
What if the alleged victim doesn’t want to press charges?
In Florida, the state, not the victim, decides whether to prosecute. The victim’s wishes may influence the outcome, but they do not control the case.
Will I go to jail for a first offense?
Not necessarily. Your attorney may negotiate alternative sentencing such as diversion programs, probation, or anger management—especially for first-time or non-violent offenders.
Enhancements and Aggravating Factors
Several factors can increase the severity of your charges and penalties:
Use of a weapon
Injuries to the victim
Offenses against law enforcement, public officials, or vulnerable persons
Prior convictions
Assault or battery committed during another felony
Some of these enhancements may result in mandatory minimum sentences or reclassification of charges under Chapter 775.
We Also Handle Related Charges
Our team at McNary Law is equipped to handle a range of criminal defense cases that often intersect with assault and battery, including:
Domestic Violence: Allegations involving household members or intimate partners
Weapons Charges: Illegal possession or use of firearms in an altercation
Juvenile Crimes: Assault and battery involving minors
Violent Crimes: Including robbery and aggravated assault
Injunctions and Restraining Orders: Legal protection orders following violent accusations
Why Choose McNary Law?
McNary Law is built on honesty, integrity, and compassionate problem-solving. Whether your case stems from a heated argument or a more complex situation, we work tirelessly to present your side of the story and protect your future. With a local presence in Bradenton and service across Sarasota, we bring both courtroom experience and community commitment to every client.
Take the First Step Toward Defense
If you or a loved one has been charged with assault or battery in Bradenton or Sarasota, don’t wait. Early legal intervention can make a significant difference.
Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.
