As mentioned on the Assault and Battery page of this website, in the State of Florida, Assault is an intentional threat, words or actions that causes a person a fear for their immediate physical safety and the belief that the accused has the ability to carry out the immediate threat. Battery involves the intentional unwanted touching or physical act toward another person.
Aggravated Assault or Aggravated Battery involves the use or brandishing of a deadly weapon in the course of committing the alleged assault or battery crime. The deadly weapon must have been brandished or used in the commission of an assault or battery crime to be considered aggravated assault or aggravated battery. For example, if the alleged assault or battery victim knows you and is aware that you have a carry and conceal permit for a gun, if you did not mention, brandish, or use the legal firearm during the alleged assault or battery, then Aggravated Assault or Aggravated Battery has not been committed.
If charged with Aggravated Assault or Aggravated Battery, the conviction penalties are much more severe than assault or battery. Because Aggravated Assault and Aggravated Battery are considered violence crimes, you may also be subject to Florida's 10-20-Life Laws as well.
So what are considered Deadly weapons in the State of Florida?
A firearm is the obvious answer. However, any item that can cause grave bodily harm may also be considered a deadly weapon, such as a knife or pocket knife, a glass bottle (broken or not broken), a pipe or length of wood, a vehicle, a shovel, scissors, or any other item that could cause grave bodily harm.
There are situations where an individual is arrested and charged with an aggravated Assault or Aggravated Batter crime, where when the evidence is brought to light by your criminal defense attorney, the actions of the accused is deemed justifiable, and therefore not a crime.
These justifiable situations may include self defense, the defense of others or property, necessity under duress, lawfully standing your ground, and other situations that may apply to your specific case.
Be proactive in protecting your legal rights. Speak to Criminal Defense Lawyer, Adam B. Reiss.
I was born in 1959 and graduated from Winter Park High School in 1977.
Education: I attended the Florida State University and graduated from the College of Arts and Sciences with a bachelor of arts major in English/minor in Spanish. Subsequent to my undergraduate degree, I obtained my Doctor of Jurisprudence from the Cumberland School of Law at Samford University.
Member of: I was admitted to the Florida Bar in October of 1985 and have been admitted to the United States District Court, Middle District of Florida since 1986. Admitted to the United States Court of Appeals for the Eleventh Circuit Court October of 1992 and a member of the Florida Association of Criminal Defense Attorneys as well as the National Association of Criminal Defense Attorneys. I served as vice chair of Grievance Committee 9-D, Ninth Judicial Circuit, Orange County, Florida for the Florida Bar. On September 15, 2000, after an extensive and confidential peer review by members of the Florida Bar, I was awarded an AV rating in Martindale Hubbell. The AV rating identifies a lawyer with very high to pre-eminent legal ability the same is a reflection of expertise, experience, integrity and overall professional excellence.
He has served as lead counsel in multiple serious felony charges as well as civil litigation/personal injury/medical malpractice and significant appellate experience.
ADAM B. REISS - BIOGRAPHY › › ›
I was born in 1959 and graduated from Winter Park High School in 1977.
Education: I attended the Florida State University and graduated from the College of Arts and Sciences with a bachelor of arts major in English/minor in Spanish. Subsequent to my undergraduate degree, I obtained my Doctor of Jurisprudence from the Cumberland School of Law at Samford University.
Member of: I was admitted to the Florida Bar in October of 1985 and have been admitted to the United States District Court, Middle District of Florida since 1986. Admitted to the United States Court of Appeals for the Eleventh Circuit Court October of 1992 and a member of the Florida Association of Criminal Defense Attorneys as well as the National Association of Criminal Defense Attorneys. I served as vice chair of Grievance Committee 9-D, Ninth Judicial Circuit, Orange County, Florida for the Florida Bar. On September 15, 2000, after an extensive and confidential peer review by members of the Florida Bar, I was awarded an AV rating in Martindale Hubbell. The AV rating identifies a lawyer with very high to pre-eminent legal ability the same is a reflection of expertise, experience, integrity and overall professional excellence.
He has served as lead counsel in multiple serious felony charges as well as civil litigation/personal injury/medical malpractice and significant appellate experience.
ADAM B. REISS - BIOGRAPHY › › ›
TESTIMONIALS