Get Help From A Tampa Assault and Battery Lawyer
If you have been accused of assault and battery in Tampa, FL, you need legal help right away. Aside from possible jail time, a violent act on your record can affect every aspect of your life. But an assault and battery lawyer can make all the difference and help get your life back on track. Whatever the situation, an assault charge attorney can help you navigate the process and pursue the best possible outcome.
If you have been charged with a violent crime, hiring an experienced assault and battery lawyer in Tampa is the most effective way to reduce your charges or secure a dismissal. Contact attorney Brett Metcalf today to discuss your options and how we can help. Call (813) 258-4800 or reach out online for a free, initial consultation with an experienced criminal attorney.
What is Assault and Battery in Tampa, FL?
Assault and battery are actually two separate crimes in Florida. Assault refers to the threat of physical harm, while battery refers to the unwanted touching of another. They may often go hand in hand, but you can have one without the other.
For example, striking someone by surprise is considered battery, but not assault, as the victim did not have time to fear bodily harm.
If you threaten someone with bodily injury, but do not act upon this threat, that is assault, but not battery.
Penalties and Jail Time for Assault and Battery Charges in Florida
The severity of assault and battery charges largely depends on the circumstances involved.
Simple assault and simple battery are both misdemeanors in Florida, but aggravating factors can easily increase the severity of the case. Assault with a deadly weapon, for example, is aggravated assault and carries a greater chance of jail time and increased fines than simple assault.
Penalties for Simple Assault:
Simple assault is a second-degree misdemeanor. If convicted, you face imprisonment for up to sixty days and a up to $500 in fines.
Aggravated assault is a third-degree felony. If convicted, you face a sentence of up to five years in prison and up to $5,000 in fines.
Penalties for Simple Battery:
Simple battery is a first-degree misdemeanor. You face up to a year in prison and fines up to $1,000 if you are convicted.
Penalties for Felony Battery:
Felony battery is a third-degree felony. You face imprisonment for up to five years and up to $5,000 in fines.
Penalties for Aggravated Battery:
Aggravated battery is a second-degree felony that requires the intent to cause great bodily harm. If convicted, you may face a sentence of imprisonment lasting up to fifteen years and a fine up to $10,000.
Aggravating factors include use of a deadly weapon, level of injury sustained by the victim, or having a prior criminal record.
You may also see the severity increase if the victim was a protected individual or the situation was considered an act of domestic violence.
What Should I Do After I’m Charged with Assault & Battery in Florida?
You may not expect an argument or altercation to go to court, but when you are arrested or become aware of criminal charges, it can be upsetting and confusing. Here are some steps to take after being charged with assault and battery.
- Contact or request a lawyer: You may be taken into custody or issued a summons. It’s very important that you contact an assault and battery lawyer before taking any action.
- Exercise your right to remain silent: Wait until your assault and battery lawyer can give you advice before speaking to anyone about your charges. Do not sign anything or give a confession without an attorney.
- Don’t share details about the case: You may want to take to social media or call a friend, but this can cause a lot of problems. You and your assault and battery attorney have a confidentiality agreement, but your family does not. It’s important not to let any careless remarks come back to haunt you in court.
- Stay out of trouble: It’s important not to give the court any reason to look on you unfavorably. Showing responsible behavior can help you avoid making matters worse.
- Preserve all evidence. Save text messages, photos of injuries (yours and theirs), surveillance footage, and contact information for any witnesses. This evidence can be critical to your defense.
- Do not contact the alleged victim. If a protective order or no-contact order has been issued, any contact—even through a third party—can result in additional criminal charges.
- Bring documents to your first meeting. When you meet with your attorney, bring any paperwork related to the arrest (bond paperwork, charging documents), photos, and a written timeline of events.
- Understand protective order implications. If the case involves a domestic relationship, a temporary injunction or restraining order may be issued. Violating it is a separate criminal offense.
What Happens After an Assault or Battery Arrest in Tampa
If you have been arrested for assault or battery in Hillsborough County, here is what to expect at each stage of the criminal process:
Booking and Processing
After arrest, you are transported to the Hillsborough County jail (Orient Road or Falkenburg Road) for booking. You will be photographed, fingerprinted, and processed. For misdemeanor assault or battery, you may be eligible for release on a standard bond relatively quickly.
First Appearance and Bond
You will appear before a judge within 24 hours for a first appearance hearing where bond is set. For simple assault or battery, bond amounts typically follow a standard schedule. For felony battery or aggravated assault charges, the judge will consider factors including the severity of injuries, your criminal history, and whether the alleged victim has requested a protective order. Our attorneys attend first appearances to argue for reasonable bond.
Arraignment and Pretrial
At arraignment, your charges are formally read and you enter a plea. Your attorney then enters the pretrial phase: obtaining discovery (police reports, body-cam footage, medical records, witness statements), filing motions to suppress evidence or dismiss charges, and negotiating with prosecutors. Many assault and battery cases are resolved at this stage through plea agreements or diversion programs. Learn about pretrial intervention programs in Florida.
Trial and Sentencing
If no favorable resolution is reached, your case goes to trial. The prosecution must prove every element beyond a reasonable doubt. Attorney Brett Metcalf regularly tries assault and battery cases in Hillsborough County and has achieved favorable outcomes including the self-defense verdict in a battery trial. Learn about Florida sentencing guidelines.
How an Assault and Battery Attorney Can Help
Dealing with assault and battery charges in Tampa can be complicated, and a misstep can cost you time, money, and your freedom.
Individuals who try to handle things alone or without a lawyer (pro se) are far less likely to receive favorable results than people with representation. An assault and battery defense attorney can help you understand your charges, build your defense, and reach out to witnesses and experts to help your case.
It’s unlikely that you can negotiate to have the charges dismissed or reduced because there are flaws in the case. But an attorney with a background in assault and battery cases can articulate the legal issues involved and communicate them to the court. This could the difference in reducing your sentence or seeing the charges dismissed. In addition, an assault and battery lawyer in Tampa, FL can explain your rights, your odds of success in court, and help you understand if a plea is in your best, long-term interests.
Defense Strategies for Assault and Battery Charges in Tampa
Every assault and battery case has unique facts, and the right defense depends on your specific circumstances. Here are the strategies our Tampa criminal defense attorneys most commonly use:
Self-Defense and Stand Your Ground
Florida’s Stand Your Ground law allows you to use reasonable force—including deadly force in certain situations—to defend yourself without a duty to retreat, as long as you are in a place you have a right to be and reasonably believe force is necessary to prevent imminent harm. We investigate the circumstances, obtain witness statements and surveillance footage, and present evidence supporting your claim. Learn more about when self-defense is an argument in violent crime cases.
Lack of Intent
Battery requires intentional touching or striking. If the contact was accidental—for example, during a crowded event or while trying to break up a fight—the prosecution cannot prove the required intent element. We examine the evidence to demonstrate the absence of intent.
Mistaken Identity and Alibi
In chaotic situations like bar fights or large gatherings, witnesses may misidentify the person who committed the act. We investigate alibi evidence, review surveillance footage, and interview witnesses to establish that you were not the aggressor.
Consent
In certain contexts—such as contact sports, martial arts training, or other consensual physical activities—the alleged victim may have consented to the contact. Consent is a valid defense to battery charges when the contact falls within the scope of the agreed activity.
Evidentiary Challenges
We scrutinize every piece of evidence: body-cam and surveillance footage, medical records, forensic evidence, and witness credibility. Inconsistent witness statements, contradictory medical evidence, or missing footage can create reasonable doubt. We file motions to suppress illegally obtained evidence and challenge the reliability of the prosecution’s case. Learn about defense motions that can get your case dismissed.
Protect Your Freedom — Call Metcalf Falls Now
Assault and battery charges carry serious consequences—including jail time, a permanent criminal record, and the loss of your right to possess firearms. Call (813) 258-4800 now for a free consultation with a former prosecutor who knows how to fight these charges in Hillsborough County.
Frequently Asked Questions About Assault and Battery in Tampa
What is the difference between assault and battery in Florida?
Assault is the threat of violence—an intentional, unlawful threat coupled with the apparent ability to carry it out, creating a well-founded fear of imminent harm. Battery is the actual intentional touching or striking of another person against their will. You can be charged with one or both. Learn more about the difference between assault and battery in Florida.
Can assault and battery charges be dropped in Tampa?
Yes. Charges can be dropped if the evidence is insufficient, if the alleged victim recants or is uncooperative, or if constitutional violations occurred during the investigation. An experienced defense attorney can negotiate with prosecutors and file motions to dismiss. Even in cases where the victim does not wish to press charges, the decision to prosecute rests with the State Attorney’s Office.
Is self-defense a valid defense to battery charges in Florida?
Yes. Florida’s Stand Your Ground law provides that you may use reasonable force to defend yourself if you reasonably believe it is necessary to prevent imminent harm. However, the force used must be proportional to the threat. If deadly force was used, the standard is higher. An experienced attorney evaluates whether self-defense applies to your specific facts.
What are the penalties for felony battery in Florida?
Felony battery is a third-degree felony punishable by up to 5 years in prison, 5 years of probation, and fines up to $5,000. Aggravated battery is a second-degree felony carrying up to 15 years in prison and fines up to $10,000. Penalties increase further if a deadly weapon was used or the victim was a protected individual (law enforcement, elderly, pregnant person).
Will I go to jail for a first-time battery charge?
It depends on the circumstances. Simple battery is a first-degree misdemeanor with a maximum of 1 year in jail, but many first-time offenders avoid incarceration through probation, community service, or diversion programs. An experienced Tampa assault and battery lawyer can significantly improve your chances of avoiding jail.
Contact Our Tampa Assault and Battery Lawyers Today
Attorney Brett Metcalf has been working in the criminal justice system for over 10 years. As a former prosecutor, he knows how to find flaws in assault and battery cases. If we can’t get the charges dismissed, we can often get felonies reduced to misdemeanor charges. We can also present evidence that could result in a much lesser sentence than you could have received otherwise.
Call us at (813) 258-4800 or reach out online for a free consultation. We will review the situation and explain your options.
