Assault and Battery
The right to be free from physical injury and harm is a basic one in our society. When we make the choice to purposely inflict harm on others, we are typically punished for our actions. There are various forms of punishment given to those that commit assault and battery . A conviction can result in jail time, fines, a permanent record, and the inability to obtain employment or housing. It is crucial that you retain counsel immediately if you have been charged with assault and/or battery. An experienced lawyer can ensure that your rights remain protected throughout this process. Omar Abdelghany is a Tampa criminal defense attorney assisting those who are facing such charges. Omar has been licensed since 2013 and he prides himself on providing the highest level of service. Contact us today to schedule an initial consultation.Lawyer Assisting Tampa City Defendants Charged with Assault or Battery
Florida charges the crimes of assault and battery as separate offenses. Either may be classified as a misdemeanor or a felony. The categories for assault and battery are:
- Misdemeanor or “simple” assault
- Felony or “aggravated” assault
- Misdemeanor or “simple” battery
- Felony battery
- “Aggravated” battery
Whether a defendant is charged with a misdemeanor or a felony will depend on the severity of their conduct. Cases which do not involve weapons or serious injury will typically result in misdemeanor charges. However, if a weapon is involved or there is intent to commit another felony, then the charges will likely be elevated to the “aggravated” or felony level. A misdemeanor may result in up to one year in jail and a fine of up to $1,000. The penalties for a felony conviction will depend on the extent of the harm or the specific behavior of the accused.
Once a defendant has been charged with assault and/or battery then he or she will appear before the Judge within twenty-four hours of arrest. That Judge will determine whether there is probable cause for the case to continue and if so,a “not guilty” plea will be entered and a trial date will be set. Under Florida's speedy trial laws, misdemeanor cases can be tried within 90 days while felony matters will go to trial within 175 days. After arraignment, the prosecution will provide the defense with arrest reports, witness statements and other required information. Assault and battery cases often involve disputes as to whether the defendant was acting in self-defense and whether law enforcement obtained statements through violations of one's Miranda rights. If such violations occurred then it may, depending on the circumstances, be possible to obtain a dismissal. If a favorable resolution cannot be reached then the matter will be concluded at trial. Litigating such cases is highly complicated and it is important to retain an experienced lawyer.
Omar Abdelghany is a Tampa criminal defense attorney. Prior to the initial consultation, he will review the arrest reports or probable cause affidavits associated with your case. This allows him to gain a better understanding of the charges against you and to help you understand what to expect from the process. Omar will view the scene of the incident, interview any potential witnesses, and will file any appropriate Motions on your behalf. If the case is not resolved favorably then he will not hesitate to take your case to trial. Omar will argue to the jury as to the fact that you were defending yourself or that, in fact, you are not guilty. Your rights will be protected from beginning to end. We understand that this is a trying time in your life. We are here to assist you.Tampa Attorney Providing Quality Representation to Florida Residents
The last thing a client wants is a lawyer who is difficult to contact. Omar strives to provide the highest levels of service and dedication to his clients. He will personally handle the details of your case and will provide regular attorney-client communication while doing so. This includes promptly responding to messages, and making himself available to answer your questions. We promise this level of service in every case we handle.
Omar also serves clients in Bradenton, Brandon, Clearwater, Lakeland, Largo, Palm Harbor, Sarasota, Spring Hill, St. Petersburg and Tampa.Other Violent Crimes Practice Areas