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By Florida law, an assault is an intentional unlawful threat of violence directed at a person by word or action. In order for assault to be assault, the threat must be accompanied by an apparent ability to carry out the threat. Assault is generally a second degree misdemeanor. Aggravated assault is assault with a deadly weapon without the intent to kill or with the intention of committing a felony.
Aggravated assault is normally a third degree felony and thereby warrants attention from a Clearwater assault lawyer. To learn more or discuss your case, consult with a criminal defense attorney in Clearwater today.
In criminal law, “assault” and “battery” typically go together for a single offense. In tort law, or personal injury, “assault” and “battery” separate. Assault is the tort of intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact.
Assault is a personal tort. Like battery, it is an intentional tort, as opposed to one of negligence. An individual’s ability to follow through with the expected contact is not necessary. For example, an individual that threatens a person with a toy gun can commit assault even if it is not possible for that individual to follow through and actually hurt their victim.
To distinguish it from battery, assault does not involve actual contact. It only needs the intent of an individual to cause apprehension of harmful contact. In this manner, wielding a knife can be considered assault if a fearful situation resulted.
Battery as an offense occurs when a person actually and intentionally touches or strikes another person against the will of the other person or intentionally causes bodily harm to another person. Battery is a first degree misdemeanor except for people who have a prior conviction for any form of battery. If an individual has a prior battery conviction, the charge becomes a third degree felony. Felony Battery is very similar to simple battery except that the intentional contact must cause great bodily harm, permanent disability, or permanent disfigurement. This crime is also considered a third degree felony.
Aggravated Battery requires a person to cause, intentionally or knowingly, great bodily harm, permanent disability, or permanent disfigurement through the use of a deadly weapon. Aggravated battery also applies to any situation in which the victim is pregnant and the offender knew or should have known that she was pregnant. Aggravated Battery is a second degree felony.
Battery’s contact must be “harmful” or “offensive.” The offensiveness standard is measured against those of a “reasonable person.” For example, a hypersensitive person jostled on a crowded subway would fail in a batter action because reasonable people would expect some degree of jostling on a crowded subway. Harmful is defined by damage to the victim’s body.
Stalking is the obsessive observing, following, or contacting of another person. It can also be the obsessive attempt to engage in any of these activities with another person. This activity can include following the target person to places in an effort to determine where the person lives and what the person does on a daily basis.
It can also include seeking out and obtaining the target’s personal information. This can be used to contact the person and may be seen in collecting details on computers, electoral rolls, personal files, and other materials containing the target’s private information without his or her consent.
Psychologists group stalkers into two broad categories: psychotic and non-psychotic. Many stalkers have pre-existing psychotic disorders such as delusional disorder, schizoaffective disorder, or schizophrenia. The majority of stalkers are non-psychotic and might exhibit disorders such as major depression, adjustment disorder, or substance dependence.
If you have been charged with assault or battery, contact the assault lawyers in Clearwater of the Law Offices of Tragos, Sartes & Tragos, PLLC Their experienced defense team will create a working plan for your defense in order to help to ensure that a conviction for assault or battery does not follow you around for life.