How Fort Lauderdale Criminal Attorneys Get Assault and Battery Charges Dismissed
Fort Lauderdale is known for its beautiful beaches, warm weather, and fun-loving atmosphere. But even in paradise, things can sometimes take a turn for the worse. When an allegation of assault or battery arises, the consequences can be severe – jail time, fines, a criminal record. That’s why having an experienced criminal defense attorney on your side is crucial.
In this article, we’ll explore common assault and battery charges in Fort Lauderdale, typical defenses used, and how skilled criminal attorneys get these types of cases dismissed.
Overview of Assault and Battery Laws in Florida
While they may sound similar, assault and battery are two distinct criminal offenses in Florida. Assault refers to intentionally threatening another person with violence, while battery involves actual physical contact or harm.
Some key laws to be aware of:
- Simple assault or battery is a misdemeanor charge punishable by up to 1 year in jail. Aggravating factors can make it a felony.
- Aggravated assault involves a deadly weapon or intent to commit a felony. This is a felony charge punishable by up to 5 years in prison.
- Aggravated battery involves seriously injuring someone or using a deadly weapon. Also a felony with even harsher sentences.
- Domestic violence designation means added legal consequences.
As you can see, the stakes are high when facing assault or battery allegations. Let’s look at some real-life examples of how skilled defense attorneys approach these cases.
Using Self-Defense Arguments
One of the most common and effective strategies is arguing the client acted in self-defense. Under Florida law, you can use non-deadly force if you reasonably believe it’s necessary to prevent imminent harm or criminal act against you, without retreating first.Miami attorney David Edelstein recently got aggravated assault with a deadly weapon charges dismissed using this defense. His client, a medical doctor, allegedly threatened another doctor with scissors during an argument.Edelstein investigated and learned the “victim” first verbally threatened his client, then approached rapidly backing him against a wall. Though his client grabbed scissors to create distance, he never actually attacked. The lawyer argued this was classic self-defense – no intent to harm, but trying to prevent harm against himself. The prosecution eventually dropped all charges.
Fighting Weak Accusations
Many assault and battery allegations come down to one person’s word against another. Skilled lawyers dig into the evidence (or lack thereof) to build a strong case for dismissal.
Miami criminal attorney David Olshansky recently defended a client accused of domestic battery against his girlfriend. The allegation arose during a bitter breakup. After interviewing witnesses and scrutinizing the girlfriend’s testimony, Olshansky discovered her story didn’t add up.While she claimed a brutal, bloody attack requiring hospitalization, there were no medical records or photo evidence consistent with her story. Olshansky presented the lack of evidence to the judge and prosecution. The State Attorney’s office ended up dropping the charges for lack of evidence.
Negotiating Plea Deals
Of course not every case can be dismissed completely. A good defense lawyer knows when to negotiate with prosecutors too. Getting charges reduced or avoiding jail time may be the best outcome given the circumstances.
Fort Lauderdale criminal attorney Michael B. Cohen recently defended a client facing aggravated battery charges for allegedly beating his sister’s boyfriend unconscious with a baseball bat. Given medical records confirming serious injuries, Cohen knew dismissal was unlikely.However, he negotiated a deal allowing the defendant to plead guilty to misdemeanor battery with anger management classes. This avoided the permanent felony conviction and potential prison sentence.
Takeaways
The key for anyone facing assault or battery charges is having an experienced criminal defense attorney assess your case. They can identify defenses and weaknesses, negotiate with prosecutors, and build arguments to get charges reduced or dismissed completely.
Don’t leave your fate to chance – consult a skilled criminal lawyer like the ones mentioned above. A few hours of legal work early on can save you years of grief down the road.