Assaulting A Minor Jail Time - The term "assault" usually conjures up images of someone being hit or injured in some way. However, under Texas state law, even something as minor as pushing or spitting on someone can be a crime. Although assault by contact usually carries lighter penalties than other violent crimes, a conviction can still damage your reputation and future. What you need to know about the attacks in the Pearland and South Houston areas.
According to Texas Penal Code Title 5, Section 22.01, assault is defined in three ways. An assault person: "1) intentionally, knowingly or recklessly inflicts physical injury on another person, including his spouse; (2) intentionally or knowingly threaten another person, including your spouse, with direct bodily harm; or (3) intentionally or knowingly makes physical contact with another if the person knows or reasonably believes that the other person would find the contact offensive or provocative. This third definition means that minor acts, even those that do not cause bodily harm, can be criminalized. Pushing or shoving, depending on the context, can get you arrested.
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In most cases, assault by contact is considered a Class C misdemeanor. If convicted of a Class C misdemeanor, you can be fined up to $500. Of course, certain factors can elevate the charge to a Class B or Class A misdemeanor, such as whether the alleged victim belongs to a certain protected group (senior citizen, government employee, etc.). While a $500 fine may not seem like a severe penalty compared to jail time or other consequences, the conviction will appear on your criminal record, which can limit your housing and employment opportunities. Even if the incident wasn't particularly violent, an employer may not want to hire someone with a history of assault (no matter how minor). In addition, having this conviction on your record may result in increased penalties for future violent crimes; suddenly a misdemeanor assault charge becomes a misdemeanor assault charge because you have a prior criminal record.
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After you've been arrested for assault, it's best to contact a trusted criminal defense attorney to discuss your case. While it's tempting to plead guilty, pay a $500 fine and move on, you're risking your future. Working with a qualified criminal defense attorney is the best way to ensure that your rights are protected while fighting for a favorable outcome.
Call Kate G. today at (832) 230-0075 for a free consultation with a trusted Pearland criminal attorney. Call the Law Offices of Allen, PLLC. If an argument or dispute gets out of hand and leads to violence or threats, or both parties are arrested for assault. Because of their violent nature, assault and battery convictions in Florida can result in permanent convictions, fines, and jail time. Consider the help of a criminal lawyer to avoid these consequences.
Assault and battery are the two most common violent crimes. However, this does not mean that these allegations are trivial. In fact, if you are arrested or charged with assault or battery, you should prepare a strong defense to help you win or reduce the charges.
If you have questions or would like to discuss your charges with an experienced attorney, talk to the lawyers at Goldman Wetzel and find out what we can do on your behalf.
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Assault and battery are separate crimes in Florida. Battery occurs when a person intentionally touches, hits, or physically injures another person. Assault is threatening to do violence to a person. Assault and simple assault are misdemeanors.
Because they are related and often confused, assault and attack are often confused. However, in Florida there is a distinction between these crimes and the penalties associated with them. Both crimes involve violence, but a
In other words, the difference between assault and battery is that assault involves intimidation and does not involve physical violence or touching, while the crime of battery involves the use of force, such as hitting. In short, battery charges are considered more violent than assault.
In Florida, assault is defined as a physical or verbal threat to endanger a person and the opportunity to carry out the threat. The act must cause the other person a reasonable fear of being a victim of violence. A misdemeanor charge carries up to 60 days in jail and a fine of up to $500.
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The elements of assault are defined in Florida Statute 784.011. Defined by § Note that this offense refers to a threat of violence that causes the victim(s) to fear for their safety, not any physical contact.
Assault is a second degree misdemeanor in Florida. However, these penalties may be enhanced if the defendant used a gun or other weapon during the commission of the crime.
Florida Statute 784.03. § states that if a person touches or hits another person without his consent, he is assaulted. Assault causing bodily harm is also considered battery. This offense is a misdemeanor of the first degree. Penalties include imprisonment and fines.
As previously stated, battery is actually unlawful physical contact. In other words, if you touch or hit a person against their will or with the intent to harm them, you can be charged.
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For example, if you hit the other party during a verbal argument, you may be held criminally liable for touching and hurting another person. Some of the most common battery cases handled by Goldman Wetzel's criminal attorneys include:
As the name suggests, aggravated assault and battery is a serious type of assault in Florida. Aggravated assault is the use of a deadly weapon without the intent to kill the victim, or assaulting a person with the intent to commit a crime.
If, during the commission, he uses a deadly weapon, hits a pregnant woman, or intentionally causes serious harm to health. Because these crimes involve more violence, you can expect more serious charges and penalties.
No matter how minor the incident may seem, if you are charged with assault or battery in the Tampa Bay area, do not take the charge lightly. Contact our assault and battery attorneys to learn more about possible avenues for criminal prosecution.
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Because it involves the use of a deadly weapon, aggravated assault carries a more severe penalty than simple battery. In Florida, simple battery is a first-degree misdemeanor and aggravated assault is a third-degree felony.
A maximum of 60 days in jail and a fine of up to $500. Simple battery is a misdemeanor of the first degree and is punishable by up to 1 year in jail and a fine of up to $1,000.
If the defendant has been previously convicted of a racketeering offense, the amount of the sentence that may be imposed for a subsequent racketeering offense.
This means that if the defendant's guilt is proven, he can be imprisoned for up to 5 years and pay a fine of up to 5 thousand dollars.
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In addition, aggravated charges carry even more serious consequences. In Florida, aggravated assault is a third-degree felony, which means you could face state jail time and hefty fines instead of county jail time.
On the other hand, the more serious the battery charge, the more severe the penalty. Florida law makes this a crime
If aggravated assault is committed against a law enforcement officer, the accused may be charged with a first degree felony. The penalties for these charges include up to 30 years in prison and a maximum fine of $10,000.
Facing assault and battery in Florida is a serious experience that can lead to a conviction without a strong defense. If you are looking for an experienced domestic violence attorney, contact our legal team. We serve clients in Pinellas, Manatee and Hillsborough counties.
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Simple and serious forms of violence carry a more severe penalty if the victim is over 65 years of age. In addition to imprisonment, the penalty includes a minimum fine and imprisonment, restitution and community service:
Florida law requires battery crimes to be prosecuted within 2 years of the crime. However, there is no limit if the act involves sexual assault or the death of the victim, or if the identity of the felon is established on the basis of DNA evidence.
As for the charge of violence, criminal prosecution must be initiated within 1 year after the serious attack.
In general, juvenile crimes in Florida are not prosecuted as harshly as adult crimes. However, if necessary, a minor can be charged with assault and battery and face the same punishment as an adult.
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Determining whether a minor should be treated as an adult in court depends on a number of factors. If you want more specific information about your child's case, consider an interview
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