Assault & Battery

Assault & Battery Criminal Defense Attorney

St Johns, FL

Assault & Battery Criminal Defense Attorney St Johns, FL

Assault and battery charges are violent offenses that can greatly impact your life regardless of the potential sentence. Your ability to get a job, enroll in school, participate in organizations, travel, and general reputation can all be negatively affected by a conviction for a violent crime. Assault and battery offenses can range from misdemeanor offenses to felony offenses punishable by life in prison. The presence of injury, weapons, prior convictions, and the relationship to an alleged victim can all enhance the severity of the charge. It is important to understand that the will of a victim does not determine whether you are prosecuted. The State of Florida brings criminal charges against a defendant and can pursue prosecution with or without the consent of the victim. Both the criminally accused and victims of crimes have constitutional rights afforded them by the State of Florida. It is important that criminal defendants and victims of crimes understand these rights.

Justice Scales, Books and Wooden Gavel — St. Augustine, FL — Law Office Of Christina J. Opsahl, LLC

If you are arrested for an assault or battery, the court will often impose restrictions before you are even convicted. These are pre-trial restrictions such as no contact with the victim, not going within a certain radius of the victim or their residence, wearing a GPS monitor, and complying with alcohol or drug tests. It is crucial that you contact an attorney in St Johns County as soon as possible after an arrest to advise you on your restrictions and whether any of the pre-trial restrictions may be modified or removed. Failure to comply could result in your bail being revoked and remaining in jail until your case is resolved.


Whether you are a first-time offender or have a lengthy criminal record, an experienced lawyer in St Johns County can help you navigate the criminal court process for your individual needs. Diversion programs can result in charges being dismissed to avoid a criminal record. An attorney can attempt to negotiate a withhold of adjudication that can reduce the restriction of your constitutional rights such as voting or owning a firearm. It is important to consult a lawyer to determine if you qualify for a diversion or a withhold of adjudication. This could also impact whether you are eligible for your record to be expunged in the future.

Domestic Violence

Domestic Violence or Domestic Abuse is generally an assault or battery on a family member or individuals who live in the home and can create minimum sentencing requirements under the law. Florida Statutes define the relationship between the accused and the alleged victim that will trigger minimum sentencing requirements for domestic abuse. An experienced local attorney in St Augustine can help explain these sentencing requirements and can attempt to negotiate with the prosecutor for a reduction or modification of the charge to avoid any minimum sentencing requirements.

A sex offense is generally an assault or battery that is sexually motivated and/or involves touching of a sexual organ. This is commonly referred to as rape. Specific sexual offenses are defined by Florida Statutes and subject the accused to a wide range of penalties. The age of both the accused and victim, whether there was penetration or contact with a sexual organ, use or possession of a weapon, prior convictions, and the extent of injury are all factors that determine the potential sentence for a sex offense. A conviction for a sexual offense can require sex offender or sexual predator registration for a lifetime. This list shows your home address in St Augustine or St Johns County, what crime was committed, and your picture. A conviction can result in lifetime civil commitment as a sexually violent predator in a collateral proceeding from the criminal case. A conviction for a sexual offense can result in a lengthy prison sentence. These offenses often involve technical forensic evidence such as crime scene collection and storage, evidence transmission to outside agencies, DNA evidence, and medical/anatomical evidence. Sexual offenses often involve the admission of evidence of prior conduct on unrelated individuals that would not otherwise be admissible. Sexual offenses often involve the testimony of children and professional opinions alluding to the credibility of a child’s testimony. There are certain legal exceptions to the Rules of Evidence when child witnesses are involved in a criminal case. It is vital to hire an attorney with experience in the legal nuances of sexual offenses including sentencing, technical evidence, child witnesses, and collateral consequences. If you or a family member has been charged with lewd and lascivious molestation, lewd and lascivious battery, sexual battery, or possession of child pornography call the office of Christina Opsahl today to start your case.

Assault and Battery Enhancement Penalties

Possession or Use of a Weapon

Possession or Use of a Weapon during the commission of an assault or battery as an enhancement will require the State to prove separate and distinct evidence aside from the underlying charge. For more information on how a weapon can enhance penalties in St Johns County click here.

Firearms

Possession or Use of a Firearm during the commission of an assault or battery has its own distinct set of laws that can trigger minimum mandatory sentences. For more information on how a Firearm can enhance penalties in St Johns County click here.

Christy has experience on both sides of the law as a former prosecutor and defense attorney to guide you through the risks and rewards of plea negotiations, motion practice, and taking your case to trial. Violent offenses have unique legal and factual issues that need to be analyzed by an attorney familiar with these investigations, forensic evidence, constitutional issues, discovery, and with jury trial experience in this area of law.

Call Today for a No-Cost Consultation

904-891-9343

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