Fort Lauderdale Criminal Defense Attorney
Aggressive Criminal Trial Lawyer: 16+ Years of Experience
The Ticket & License Center has over 16 years of experience representing clients throughout Fort Lauderdale. Criminal charges can be complex to handle and contain severe penalties, so you should contact an experienced defense attorney as soon as possible to fight your charge. You deserve a reliable and aggressive trial attorney to defend your rights.
Assault and Battery
Assault refers to a threat of harm that leads to the alleged victim's fear of imminent harm and does not need to include physical contact between the perpetrator and the victim. To prove an assault charge, the prosecution must show that the defendant:
- intended to threaten the victim, invoke fear, or carry out a violent act;
- demonstrated the threat through words, gesture, or an intimidating act; and
- must have shown an ability to carry out the threat causing fear of imminent harm.
When the defendant makes physical contact with the victim in such a case, Florida considers the act as a battery. To prove a battery case, the prosecutor must show that the defendant intentionally touched or struck the victim, and the physical contact must have been against the victim's will and done without the victim's consent.
The penalties for an assault or battery charge are as follows, depending on the severity of the action:
- Simple assault - second degree misdemeanor punishable by up to 60 days in jail and a fine up to $500.
- Aggravated assault - third degree felony punishable by up to 5 years in jail and a fine up to $5,000.
- Simple battery - first degree misdemeanor punishable by up to 1 year in jail and a fine no more than $1,000.
- Felony battery - third degree felony punishable by imprisonment for up to 5 years and a fine up to $5,000.
- Aggravated battery - second degree felony punishable by imprisonment up to 15 years and up to $10,000 in fines.
Your criminal defense attorney might argue that your actions were the case of an accident or self-defense. They could also claim that consent was given for the unlawful physical contact in question, or you lacked intent to cause fear and harm.
Florida’s crime laws define domestic violence as types of violence committed against a family or household member, such as a spouse, ex-spouse, the co-parent of the individual's child, or a relative related by blood or marriage. Florida laws also protect against domestic violence occurring between individuals who currently or formerly cohabitated together in the same household. Some examples of domestic violence crimes under Florida law include assault, battery, sexual assault/battery, stalking, kidnapping.
Be aware that if a victim of domestic violence had an injunction or restraining order in place against you, the state may prosecute your violation of the order as a first degree misdemeanor that carries up to 1 year in prison.
The statutory elements of a drug possession charge under Florida are the following:
- The controlled substance is illegal under Florida law.
- The defendant knew or should have known about the illicit nature of the controlled substance and its presence.
- The defendant had control over the location and presence of the controlled substance, such as having it in a container on hand.
Possession of up to 20 grams of marijuana (except for legally possessed medical marijuana) is charged as a first-degree misdemeanor, punishable by up to 1 year in jail.
Possession of larger amounts of illegal marijuana or other controlled substances like cocaine, ecstasy, LSD, and opiates can be punished as a third-degree or first-degree felony, depending on the specific amount. The consequence for a third degree felony is up to 5 years in prison; for a first degree felony it is up to 30 years in prison and up to $250,000 in fines.
Your criminal defense attorney might argue you were not in actual physical possession of the material, or that you have been subjected to an unlawful search and seizure. They could also assert that you had a valid prescription for medicinal use of the drug, such as medical marijuana.
Facing Criminal Charges? Call (954) 525-4858.
If you are facing a criminal charge, you should contact a criminal defense attorney immediately. An experienced lawyer can fight your charge and argue for reduced penalties or even a dismissal of the charges altogether. The criminal defense attorney at the Ticket & License Center has years of trial experience and can provide you the reliable and aggressive representation you deserve.
Contact the Ticket & License Center today for a free consultation with an attorney who can fight your criminal charge.