Arrested for fighting at a Bar in Downtown Orlando

Downtown Orlando, Florida can be exciting and vibrant at night, but there can be times when an intoxicated person or someone with an attitude will ruin your evening out by goading or provoking you into a fight. In some cases, you may have had more than a few drinks yourself.

Getting arrested and charged with assault and/or battery in Orlando is serious. You could be charged with misdemeanor assault, battery, or both. In addition, if you severely injured the person or used a deadly weapon, you could be charged with felony battery or aggravated battery.

Assault/Battery

When charged with an assault or battery, you should know exactly what the Prosecutor has to prove to convict you of those offenses.

An assault is an intentional 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 or about to occur.

A battery occurs when a person actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.

You could be charged with a simple assault or battery from a bar fight, which are misdemeanors. A simple assault is a second degree misdemeanor offense and carries up to 60 days in jail, 6 months probation and a $500 fine. A simple battery is a first degree misdemeanor and carries up to one year in jail, 12 months probation and a $1,000 fine.

If you have a prior record, these charges can be upgraded to felonies. An aggravated assault subjects you to up to 5 years in prison and a $5,000 fine. An aggravated battery carries a maximum of 15 years in prison and a $10,000 fine.

Defenses

Justifiable use of force is a defense to these charges. If you were provoked or struck first, you can argue self-defense so long as you did not exceed the force necessary to protect yourself and you were no longer in danger of harm.

If the other party is less than credible or has a violent criminal history, this can be to your advantage as well. Your attorney should interview all potential witnesses as soon as possible while their recollection is fresh.

The other defense is mutual combat. Although not technically a legal defense, a jury or judge may feel reluctant to convict anyone of assault or battery if both parties were engaged in a bar fight. This also could result in a reduced charge to disorderly conduct.

Retain The Law Office of Travis Williams

If you are charged with assault and battery in Orlando, immediately contact The Law Office of Travis Williams, an experienced criminal defense attorney who has successfully represented clients like you in assault and battery cases. We will review and work the case in an effort to get your case dismissed, have the charges reduced, or defend you at trial.

A criminal conviction carries the risk of jail or prison, substantial fines, and collateral consequences in obtaining employment, finding housing, being promoted, or enrolling in school. Protect your rights by calling criminal defense attorney Travis Williams today at 407-425-4755.