Defendant’s girlfriend accused him of violent behavior. Police arrested the Defendant on charges of: Battery, False Imprisonment, Aggravated Assault with a Deadly Weapon, and Property Damage Criminal Mischief.
Battery Charges in Florida
Under Florida law, battery is defined as the intentional striking or touching of another person without their consent. This charge can have penalties of up to twelve months probation, one year in jail, and a $1,000 fine. Most prosecutors will seek jail time for offenders, even if it is their first offense.
False imprisonment is committed when an individual forcibly restrains another person against their will using threats. In Florida, false imprisonment is a third-degree felony. It is punishable by up to five years in prison, five years probation, and a fine of $5,000.
Aggravated Assault With a Deadly Weapon
In Florida, the penalties for aggravated assault with a deadly weapon are very severe. Aggravated assault is defined as assault using a deadly weapon or the intent to commit a felony. As this is a third-degree felony, the penalties consist of up to five years in prison, five years probation, and a fine of $5,000. First-time offenders can see as harsh of a punishment as those that are repeat offenders. If a firearm is discharged during the assault, penalties increase by as much as up to twenty years in prison.
A deadly weapon has a broad definition. It could include not only firearms but knives and other items that could cause injury. Even driving towards a police car with an intent to hit them head on could be considered aggravated assault.
Property Damage Criminal Mischief
In Florida, criminal mischief is often referred to as vandalism. In this act, a person intentionally damages another person’s property with malicious behavior. Penalties will vary based on the amount of property damage done.
- If there was $200 of damage or less, it is considered a second-degree misdemeanor. A combination of sixty days in jail, up to six months probation, and a fine of up to $500 can be imposed by a judge.
- If there was between $200 and $1,000 damage, it is a first-degree misdemeanor. A judge can impose a combination of up to twelve months in jail, twelve months probation, and up to $1,000 in fines.
- Damage of more than $1,000 is classified as a third-degree felony. Any combination of up to five years in jail, five years probation, and a fine as high as $5,000 can be imposed by a judge.
Seeking Legal Representation
If you have been convicted of any criminal activity, you need a strong defense. At Musca Law Firm, we will be able to provide you with this. We have a team that has over 150 years of combined experience. We will listen to your side of the story, and then collaborate a defense that works for you. We have successfully had many of our client’s charges dropped or significantly reduced. Call us today for a free consultation.
RESULT: After reviewing the evidence against our Client, the State agreed to DROP all charges against him.