HAVE BEEN CHARGED WITH AN AGGRAVATED ASSAULT VIOLATION. WHAT DOES THIS MEAN?
Assault is an intentional, unlawful threat by words or actions that one person is going to cause harm to another. These words or actions must be combined with the apparent ability that the person making the threat can actually cause harm. For an assault to have occurred, the words or actions combined with the perceived ability to cause harm, must have caused fear in the person receiving the threat. Words alone do not make a person liable for assault, the words must be combined with other circumstances that put the other person in fear of impending contact.
Anyone charged with assault, may be found guilty of a second-degree misdemeanor, which can be punished with up to 60 days in jail, and/or a $500 fine.
Aggravated assault is an assault (as described above) with a deadly weapon or an assault with the intent to commit a felony.
Aggravated assault charges may result in being found guilty of a third-degree felony, which can be punished with up to five years in jail, and/or a $5,000 fine. These punishments can be more for habitual felony offenders or if the deadly weapon was a firearm.
I HAVE BEEN CHARGED WITH AN AGGRAVATED BATTERY VIOLATION. WHAT DOES THIS MEAN?
Battery is an intentional touching or striking of another person, without their permission, which is offensive or causes harm.
A person charged with battery may be found guilty of a first-degree misdemeanor, which can be punished with up to one year of jail time, and/or a $1,000 fine. For anyone with a prior battery conviction, they may be found guilty of a third-degree felony, which can be punished with up to five years in jail, and/or a $5,000 fine.
Felony battery occurs when a person causes great bodily harm, permanent disability, or permanent disfigurement from their intentional touching or striking of another person.
A felony battery is considered a third-degree felony and can be punished with up to five years in jail, and/or a $5,000 fine.
Aggravated battery occurs when a person commits a battery as described above, and the battery results in great bodily harm, permanent disability, or permanent disfigurement; or when the person committing the battery uses a deadly weapon. Aggravated battery can also occur when the person who was the victim of the battery was pregnant and the offender knew or should have known of the pregnancy.
Aggravated battery charges may result in being found guilty of a second-degree felony, which can result in up to 15 years in jail, and/or a $10,000 fine. These punishments can be more for habitual felony offenders or if the deadly weapon was a firearm.
I HAVE BEEN CHARGED WITH A DOMESTIC VIOLENCE VIOLATION. WHAT DOES THIS MEAN?
Domestic violence occurs when one family or household member commits an assault or battery against another family or household member. Domestic violence can also include sexual assault and battery, stalking, kidnapping, and other criminal offenses that result in physical injury or death. Family and household members can include spouses, children, people related by blood or marriage, and any other people that reside together. It can also include people that don’t live together, such as when they have a child in common.
Domestic violence charges may result in one year of probation, and a court order to attend a batterers’ intervention program. When someone is found guilty of domestic violence, and the person intentionally causes bodily harm, they can be ordered to spend a minimum of five days and up to a maximum of one year in jail.
Injunction for Protection Against Domestic Violence
When a person is either a victim of or believes that they may become a victim of domestic violence, they can request from the court, an injunction for protection against domestic violence. Injunctions for
protection against domestic violence, also called injunctions or restraining orders, can vary depending on the situation. An injunction usually requires that a person stop doing certain things, such as contacting or following someone, and may require that a person leave the home, or set restrictions on child visitation and/or custody.
If a person has a court ordered injunction for protection against domestic violence, and they willfully violate the injunction, they may be charged with a misdemeanor of the first degree, which can result in up to one year in jail, and/or up to a $1,000 fine. However, if a person has been convicted of violating an injunction two or more times in the past, and violates an injunction again, they can be charged with a third-degree felony which can result in up to five years in jail, and/or a $5,000 fine.
Aggravated assault, battery and domestic violence charges can have serious consequences. If you have been charged with any of these offenses, you need to hire an experienced attorney to represent you. I urge you to consult with me by calling 407-233-3210 or 888-778-7638 toll free.
During your free, initial consultation, we can discuss your circumstances and legal options privately and in confidence.
If we agree that I am the right attorney to defend you, I will represent you aggressively and to the fullest extent of the law.
Orlando Domestic Violence Lawyer
Central Florida Criminal Law And Domestic Violence Attorney Serving Osceola, Orlando And Orange County. Committed. Skilled. Fair legal services.
FAILED A DRUG TEST WHILE ON PROBATION? I CAN HELP!
Accusations of probation violations have serious consequences, but you are not helpless to their consequences. You can fight back.
Contact the Law Office of Jessica Travis, P.A., in Orlando, Florida, and I can meet with you confidentially, discuss your options and help you limit — or eliminate — any negative consequences of an alleged probation violation.