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Assault and
Battery - What's the difference?
Assault (No touching or
striking)
Aggravated Assault
Recent Assault and
Battery Case Wins
Assault and
Battery - What's the difference?
Many people, including those in the media, don't know the
difference between an assault and a battery. We constantly hear "She
was assaulted." If that was the case, as a defense lawyer, that's
better news than the charge of battery. Its easier to defend a
charge of assault, which is a misdemeanor, punishable by up to 60
days jail and a $500 fine. With an assault, nobody is actually
touched or struck.
Assault (No touching
or striking)
To prove assault, the government has to prove beyond every
reasonable doubt that you:
- Intentionally threatened by word or act to do violence to another
person, coupled with the apparent ability to do so, and you did some
act which created a well-founded fear in the accuser that the
violence was imminent. Imminent means about ready to take place.
Aggravated Assault
Aggravated assault is an assault with a deadly weapon without
intent to kill or an assault with intent to commit a felony. I've
handled many cases of aggravated assault with a firearm (gun), which
carries a three-year minimum mandatory sentence and a maximum of
five years prison.
Recent Assault and
Battery Case Wins
BATTERY - Not Guilty after Jury
Trial
The client was accused of kissing a woman in an elevator.
According to the accuser, the client approached her in the elevator,
told her she had beautiful blue eyes, asked her if she was married
and said her husband was lucky. She went on to say that he grabbed
her hand and kissed it, and then kissed her on her mouth. The client
testified at trial that they did meet in the elevator. However, he
denied ever touching or kissing the accuser. He also testified that
she must be prejudice towards him because he is Hispanic and she is
white. The jury deliberated for less than ten minutes. Not Guilty
after jury trial.
ASSAULT & BATTERY- Not Guilty after
Jury Trial on all counts
This case was a down-filed felony. He was initially arrested for
aggravated domestic battery, punishable by up to 15 years prison.
The allegation was that my client attacked his girlfriend and her
eight year old son. He chased her around the house with a five foot
pole. He wedged the pole between the door and the door frame, so the
door could not close. As the accuser was closing the door, he struck
her in the neck with the end of the pole. Her neck was injured. This
was all done in front of her son. At trial, the accuser was
cross-examined thoroughly about bias, motive to lie, and fabricating
evidence. Not Guilty on all counts, assault and battery.
DOMESTIC BATTERY - Not Guilty after
Jury Trial based on Self-Defense
The client had an argument with her husband. She told him a hit
man from Chicago was going to "snuff him out." She also complained
that he doesn't have sex with her. Her son tried to intervene. She
grabbed her son by the arm so she could continue to argue and
threaten her husband. She caused abrasions to her son's forearms.
Initially, the client was arrested for child abuse on her son, a
felony, and domestic battery on her husband. When the client grabbed
her son, her husband intervened. The client hit and scratched her
husband, injuring him. He had lacerations to his left cheek, neck,
left forearm and hand. The client denied anything occurred. At
trial, the defense was self-defense. Her husband grabbed her first
and she fought back. You have the right to defend yourself. The jury
agreed.
DOMESTIC BATTERY - Not Guilty after
Jury Trial
The accuser's side of the story: She told my client she was
breaking up with him. They argued. He told her they were "going to
die tonight." This was a classic reference to the "if I can't have
you, nobody will have you" argument. He was driving fast and
wouldn't let her out of the car. She tried to get out. He went crazy
when she said she was leaving him. She eventually got out and ran
with her daughter. She called 911. He slammed the phone down to the
ground. He hit her on the face by the right ear and her chest area.
It is undisputed that she had redness and a scratch mark on her body
when police arrived. At trial, the defense was self-defense. Yes,
she had marks, but she was the aggressor. Domestic battery is a
gender-biased crime. It seems the guy almost always goes to jail.
However, the jury found him not guilty.
DOMESTIC BATTERY - Not Guilty after
Trial
My client was the son of a famous jazz drummer who played with
John Coltrane. I love jazz, so this was an honor to defend him. The
allegation was he hit his wife on her right arm with a cane and
knocked her into the counter. He did push her away in self-defense.
She picked up a phone and tried to hit him with it. The theme of the
case was this is a he said, she said, with no visible injuries. He
used reasonable force to defend himself.
BATTERY - Not Guilty after Jury
Trial
The client allegedly hit his wife in the face. She called 911.
She had redness on her cheek area. Photos were taken. The client was
arrested right away without being able to tell his side of the
story. After arrest, the police found a vicodin pill. He did not
have a prescription for it. That felony charge was dropped. We went
to trial on the battery charge. We argued lack of evidence. It was a
he said-she said with virtually no visible injuries. The not guilty
verdict was a relief for the client.
If you are facing assault charges and need a Florida criminal
assault charge attorney, call me.
Contact Grey Tesh
Florida Assault Defense Lawyer
Assault and Battery Defense Attorney
aaacriminaldefense.com has its principal
office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr.
Tesh represents clients charged with serious federal criminal
offenses before Federal Criminal Courts in Miami, Fort Lauderdale,
West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach,
Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts
throughout the United States of America.
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have only ten (10) days in Federal Court, as opposed to thirty (30)
days in Florida, to file a notice of appeal. If you want to appeal a
conviction, you must contact a Federal criminal appeals attorney
immediately as time is of the essence.
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