Guarding Your Rights Against Assault & Battery Charges in Sarasota County
Are you facing a charge for assault, battery, or both? If you are arrested or accused of any type of crime, the first thing to do is find a qualified attorney to handle your case. At Law Offices of Eric Reisinger, PA, our Sarasota assault and battery lawyer has over two decades of experience, which includes serving as a state prosecutor, so he knows the process from both sides and uses this unique perspective for our clients' advantage.
Have you been arrested or accused of assault & battery? Call the Law Offices of Eric Reisinger, PA, today at (941) 541-5335 or contact us online for a free consultation with our skilled assault and battery defense lawyer in Sarasota.
What Are Assault & Battery Charges in Florida?
Assault and battery are two separate crimes, although they are frequently charged together. Assault is defined as a threat that results in the victim fearing harm. Battery is unwanted touching or contact that causes physical harm. An individual may be charged with both for situations when there is both a threat and unwanted contact.
The law also classifies battery charges by similar types, including simple battery, domestic battery, and aggravated battery. An individual may be facing a charge of aggravated battery when it is determined that the person intended to cause serious bodily injury or a deadly weapon was used. When a defendant has a prior battery conviction, this could elevate the charge to felony assault.
Domestic battery is the intentional infliction of physical harm or unwelcomed physical contact with a family member or household member. Examples of domestic battery include slapping, hitting, shaking, biting, burning, and strangling. In Florida, domestic battery is a first-degree misdemeanor and can lead to up to a year in jail and a $1,000 fine.
What Are the Penalties for Assault & Battery Convictions?
If you are charged with assault, battery, or both, it is important to get a lawyer as soon as possible. The consequences you could be facing for a conviction vary, depending on the exact charges. Simple assault is a misdemeanor that carries a potential penalty of up to one year in jail or on probation and a $1,000 fine. Aggravated battery can result in up to five years in prison and a $5,000 fine.
Whether you are facing a simple assault or battery charge, or more serious charges, it is better to avoid a criminal record whenever possible. A criminal history can have a negative impact on your future educational and career goals. For this reason, do not wait to get in touch with an experienced criminal defense attorney to help ensure that your rights are protected.
When you are arrested in Sarasota County, your case may be heard at the Sarasota County Courthouse or another local court, and the judge will have discretion within the statutory range when imposing a sentence. Beyond jail or prison time and fines, an assault or battery conviction can lead to probation conditions, no-contact orders, mandatory classes, or community service. Understanding all of these potential penalties at the outset helps you and your attorney make informed decisions about whether to pursue plea negotiations, diversion programs, or a contested hearing.
What To Expect After an Assault or Battery Arrest in Sarasota
After an arrest for assault or battery in Sarasota, most people are brought to the Sarasota County Jail for booking and then must appear before a judge within a short period of time for an initial appearance or bond hearing. At that hearing, the court reviews the allegations, sets bond or release conditions, and may issue a no-contact order that restricts you from contacting the alleged victim or returning to a particular location. Understanding this early stage of the process can reduce anxiety and help you avoid mistakes, such as trying to contact someone when a judge has already ordered you not to do so.
In the weeks that follow, the State Attorney’s Office decides whether to file formal charges and what level of offense to pursue, which can range from a misdemeanor to a felony depending on the facts. During this time, a defense lawyer can obtain police reports, 911 recordings, and other discovery, and may present information to the prosecutor about self-defense, mutual combat, or witness credibility. Having an assault attorney Sarasota residents trust involved early can influence how charges are filed and help preserve favorable evidence, such as surveillance video or messages that might otherwise be lost.
Defenses for Assault & Battery Charges in FL
There are several possible defense strategies that can be used to defend against assault and battery charges. We listen to your side of the story, discuss possible defense strategies, and get to work immediately to defend your rights and prepare the most effective defense for your case.
In many Sarasota cases, the strength of the evidence depends on witness statements, surveillance footage, 911 recordings, and police reports from agencies such as the Sarasota Police Department or the Sarasota County Sheriff’s Office. We can assess whether the evidence truly supports the charge that was filed or whether there are gaps, inconsistencies, or credibility issues that may be used to challenge the prosecution’s version of events. By carefully reviewing this information early, we put ourselves in a better position to argue for reduced charges or other favorable resolutions.
When individuals are facing criminal charges of assault and battery, they may have various legal defenses available to them. While your defense strategy should be tailored to your case specifics, some of the most common defenses include:
Self-defense. One of the most common defenses for assault and battery charges is self-defense. Individuals have the right to defend themselves from imminent harm. However, it's important to clarify that the use of force in self-defense must be proportional to the threat faced. This defense can be applicable when an individual reasonably believes that force is necessary to prevent harm to themselves.
Defense of others. Similar to self-defense, individuals may also use the defense of others to justify their actions in an assault and battery case. This defense applies when a person reasonably believes that they need to use force to protect another person from immediate harm or danger.
Defense of property. In some cases, individuals may argue that they used force to defend their property. This defense typically applies when there is a reasonable belief that force is necessary to prevent the theft or damage of property. However, it's essential to note that the use of force in defense of property must also be proportionate to the threat faced.
Consent. Consent can be a valid defense in certain assault and battery cases. If the alleged victim consented to the actions that led to the assault or battery, the defendant may argue that their actions were not unlawful. It's important to emphasize that consent must be given voluntarily and with full knowledge of the nature of the actions involved.
Contact Our Assault & Battery Lawyer in Sarasota Today
The process begins with a free consultation with our assault and battery lawyer in Sarasota to get legal advice for the specifics of your case. For your convenience, same-day appointments are available, and we are available to meet with our clients after hours and on weekends by appointment only.
During your consultation, we can explain what to expect at your first appearance, how bond is typically handled in Sarasota County, and what you should and should not say to law enforcement or potential witnesses. We also review any paperwork you received from the jail or the clerk to clarify the exact charges and conditions of release so you do not unintentionally violate a court order. This initial meeting is an opportunity for you to ask questions and for us to outline a defense plan that reflects your priorities and concerns.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
