It’s easy for ordinary an Orlando resident to find themselves on the wrong side of the law. Remember, if something does happen, make sure you talk to an Attorney at HAWM Law before you speak to law enforcement. This simple step can prove to be invaluable in protecting your rights!
Though the charges Assault and Battery are often used interchangeably, they are completely different. Assault is basically the threat to do harm, while Battery is actually inflicting harm.
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree.
Law Enforcement Officers are professionally trained interrogators and have experience in manipulating a particular situation, making it easy to incriminate yourself. The last thing you want is for your seemingly innocent statement to be interpreted negatively.
If you are in custody, remember before you are questioned by the police you have the right to an attorney. The police do not have to offer you legal counsel if you are not ‘in custody’, which means you are free to leave without talking to the law enforcement.
Contact the criminal defense attorneys at HAWM Law to discuss your case and the best way to proceed forward.