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Battery/Assault

St. Petersburg Criminal Battery Lawyers

Effective Defense by Former Pinellas County Prosecutors

Clearwater - Tampa - Pasco County - Manatee County

Battery is a serious criminal offense often arising from heated arguments, alcohol-fueled fights or from the act of defending oneself, another or property. If you have been charged with this crime, there is much that a knowledgeable attorney can do get charges dismissed or alleviate the penalties.

Contact the Law Offices of Timothy Hessinger, P.A. immediately at (727) 896-1501 for a free consultation. We defend persons in Pinellas, Hillsborough, Pasco & Manatee Counties.

Assault and Battery Charges

People commonly confuse these terms. Assault refers to acts that threaten physical violence. Battery is actually striking a person — a punch, a shove, a thrown object. Simple battery is a first-degree misdemeanor. It becomes felony battery on a second offense, if there is serious bodily harm (e.g., a broken nose) or if the battery involved strangulation. Aggravated battery can be committed in several ways:

  1. By intentionally causing great bodily harm;
  2. By using a deadly weapon:
  3. By committing battery on a pregnant person.

Sexual battery is forcible touching or rape.

Court-imposed penalties for conviction include a permanent criminal record in domestic violence cases that cannot be sealed, jail (mandatory if there is bodily harm), fines, probation and required counseling.

Experienced Defense for Battery Allegations

As long-time prosecutors and as criminal defense lawyers, Tim Hessinger and Donald Kilfin have handled every scenario — bar fights, neighbors come to blows, fathers and sons, confrontations with strangers, even a minister who pushed a parishioner.

We put considerable emphasis on pre-filing intervention — getting charges dropped or reduced (battery to disorderly conduct, or felony battery to misdemeanor battery). First offenders may qualify for a diversion program that includes 26 weeks of counseling. We may also pursue community control (house arrest) and other alternatives to incarceration.

We explore all grounds for challenging the charges:

  • Self-defense or mutual combat
  • The "castle" doctrine — It is not a crime to defend your home from an intruder.
  • The "stand your ground" doctrine — A recent Florida law (2005) provides that a person does not have to retreat when threatened, provoked or attacked in a public place.
  • Mistaken identity or false accusations
  • Constitutional issues — Warrants and searches, arrests and Miranda rights

The high stakes of an assault and battery charge require a skilled attorney who knows the law and has a record of favorable outcomes. Call (727) 896-1501 or contact us online for a free initial consultation.