Assault and Battery Defense Lawyer in Tampa
An assault and battery case can unfold in a matter of seconds. All it takes is just a few moments of “losing your cool” and you could find yourself facing serious legal consequences, including jail time and hefty fines.
Assault and battery is one of the most common violent crimes, and as such, it can carry far-reaching effects, including a permanent criminal record that can make it challenging to get a job, rent property or attend university courses. Plus, there’s the damage to your reputation and your standing within the community.
You should never try to face criminal charges on your own. By hiring a criminal defense lawyer, you will maximize your chances of seeing a positive case outcome. With experience in over 4,000 cases and more than 200 trials, Robin Fuson, P.A. is a former prosecutor-turned-defense attorney who represents assault and battery cases in Tampa, Plant City, Brandon and the surrounding regions.
Attorney Fuson’s legal career started over 23 years ago. He first started out on the other side of the table as a prosecutor with the Florida State Attorney’s Office. He has held a number of positions, including the chief of narcotics prosecution and chief of DUI prosecution. He has also instructed Hillsborough County law enforcement officers. But eventually, he transitioned from prosecution to defense – a focus that he has maintained for the past 15 years.
Prior to winning in the courtroom, Attorney Fuson was winning on the baseball diamond. This former professional baseball player played for Boston, Cleveland, Seattle and Oakland, winning two championship rings and even a highly-coveted World Series ring. His athletic career helped him realize the true importance of a solid strategy and game plan. Today, he strives to be the MVP on your legal defense team.
When you turn to Attorney Fuson, you can rest easy knowing you’ve hired an experienced lawyer who cares. He even provides clients with his personal cell phone number, which they are welcome to utilize whenever the need arises. After all, the criminal justice system never sleeps!
If you or a loved one have been arrested for assault and battery, defense lawyer Robin Fuson, P.A. can assist. To schedule your confidential case evaluation, call 813-933-6807.
Florida Assault and Battery Cases: Common Questions
Following an Arrest
Following an assault and battery arrest, it’s totally natural to feel frightened, regretful and uncertain about the future. This is especially true if you don’t have a criminal record and have never been on the “wrong side” of the law before.
Attorney Fuson is a firm believer that by addressing a client’s questions and concerns, much of this stress and uncertainty can be alleviated. So let’s look at a few of the most typical concerns that may arise on the heels of an assault and battery arrest.
What’s the Definition of Assault in Florida?
Florida law defines assault as the act of making a threat of harm that places the victim in imminent fear of suffering physical injury. There is no direct contact or injury required for an assault charge to be filed. The prosecutor typically depicts that the defendant intentionally threatened the victim in a manner that left the victim fearful.
Additionally, the prosecutor must show that the suspect posed a threat through an intimidating action, gesture or words. The defendant typically needs to be actually capable of carrying out the act that has been threatened.
Florida law has several forms of assault, including:
- Simple assault;
- Aggravated assault; and
- Felony assault.
What’s the Definition of Battery in Florida?
Florida law defines battery as an act of aggression involving contact between the defendant and the victim. The prosecutor is tasked with proving that the defendant intentionally contacted the victim via an action such as a hit or a touch.
An act of battery is one that is performed against the victim’s will. The action is unwelcome and without the victim’s consent.
Just as with assault, Florida law defines a few different types of battery.
Simple battery is defined as an act of intentional and unwelcome contact involving the aggressor and the victim. This can include hitting, shoving, and other violent acts.
Aggravated battery is defined as an act of battery that results in serious bodily injury or an act of battery involving a deadly weapon.
In cases where the defendant has been convicted of prior battery charges, the prosecutor may opt to pursue felony battery charges.
What are the Assault and Battery Penalties? Will I Face a Misdemeanor or Felony?
Florida law specifies different severities and different penalties for each type of assault and battery. Here is a look at the various types of assault and battery, the severity of each charge and the potential penalties.
- Simple Assault: Second-degree misdemeanor with a maximum sentence of 60 days in jail and a fine up to $500.
- Simple Battery: First-degree misdemeanor with a maximum sentence of one year in jail and a fine up to $1,000.
- Aggravated Assault: Third-degree felony with a maximum sentence of five years in prison and a fine up to $5,000.
- Felony Battery: Third-degree felony with a maximum sentence of five years in prison and a fine up to $5,000.
- Aggravated Battery: Second-degree felony with a maximum sentence of 15 years in prison and a fine up to $10,000.
Notably, the prosecutor can escalate the seriousness of a charge in cases where a defendant is considered a habitual, “career” offender or in cases where the individual has prior felony convictions (especially for other violent crimes.)
How are assault and battery different in Tampa?
A battery is a touching or striking of another person without their permission, while assault is an act of attempting to batter another person and such attempt causes the person to fear that an unwanted touching or striking is going to occur.
What is the difference between misdemeanor and felony assault in Tampa?
Felony assault occurs when a deadly weapon is used.
What is the difference between misdemeanor and felony battery in Tampa?
Felony battery is a specific crime which is simply a battery that causes great bodily harm, permanent disability or permanent disfigurement even if there was no intent to cause any injury.
What happens when someone commits assault or battery on a law enforcement officer in Tampa?
It is automatically a felony, even if there is no injury.
What are the potential consequences of a conviction in Hillsborough County?
Prison, probation or both. Loss of constitutional rights, restitution, drug and/or anger management classes and just about an exhaustive list of conditions.
Hire a Top Florida Assault and Battery Lawyer to Defend Your Case
Assault and battery cases and other violent crimes can carry some of the harshest penalties in the U.S. criminal justice system, so it’s extremely important that you trust your defense to an experienced attorney who can give you the highly strategic representation that you deserve.
With more than 4,000 cases and over 200 criminal trials to his credit, Florida criminal defense lawyer Robin Fuson is available to assist clients who stand accused of assault and battery or another violent crime in Tampa, Brandon, Plant City.
If you or a loved one have been arrested for assault and battery or another criminal offense, contact the law offices of Robin Fuson, P.A. to arrange a fully confidential, no-cost case consultation session. Call 813-933-6807.