Spivack Law, P.A.

Battery and Assault

These types of charges can be charged in a number of different ways. Typically, Battery is a first degree misdemeanor punishable by up to 1 year in the county jail, and Assault is a second degree misdemeanor punishable by up to 60 days in the county jail. However, Felony Battery and Aggravated Assault are normally third degree felonies punishable by up to 5 years in prison, while Aggravated Battery is typically a second degree felony punishable by up to 15 years in prison. There can be various aggravating factors such as the use of a firearm, the commission of the offense against a law enforcement officer, or the commission of the offense against an elderly or pregnant person that can further increase the seriousness of any of these charges.

Formerly President of the Polk County Criminal Defense Lawyers Association, and formerly felony division chief at the Office of the Public Defender in Polk County, Scott K. Spivack has been zealously protecting his clients’ rights for over a quarter of a century. Numerous defenses can be raised to defend against these types of charges, including self-defense, mistaken identity, false accusations and lack of intent (accidental actions). Further, it may be appropriate to argue that the prosecutors have overcharged the case, and that a lesser charge may be appropriate. The defense in any given case, of course, will depend on the facts of that case. Mr. Spivack knows how to build defenses to these types of charges that both work at trial and can otherwise lead to the successful resolution of the case.