Defending Assault or Battery Charges and Offenses in Florida:

In Florida, any threat of violence through words or actions created intentionally by one person upon another in a manner that invokes a fear of being in eminent danger is defined as assault. Assault is slightly different than battery because you can be charged with assault even if the threat is not carried out or attempted. Battery occurs when another person is struck, hit, or attacked intentionally and against that person's will.

In the majority of cases we've seen over the years, defendants are commonly charged with both assault and battery. However, what many don't realize is that these are both specific offenses that each carry their own separate penalties. Assault and battery are two distinct types of individual charges.

Assault

When it comes to assault charges, here in Tampa you will typically be facing either simple assault or aggravated assault.

Simple Assault

Even just being charged with simple assault can result in a misdemeanor charge with a jail sentence of up to sixty (60) days and fines up to $500.

These charges can be picked up very easy just by verbally threatening someone, often starting through a simple disagreement that escalates into a heated argument.

Aggravated Assault

Aggravated assault is more serious and can result in a third-degree felony, a prison sentence of up to five (5) years and up to $5,000 in fines.

Additionally, enhanced penalties may be handed down by the court which can increase the fines and sentencing. The use of a firearm or deadly weapon will also result in additional charges leading to increased penalties. In Tampa, it is very common for second-degree felony charges to be brought against a defendant when firearms are used in crimes of assault.

Battery

Battery occurs when a defendant makes physical contact with the victim. There are a few additional factors the prosecution is going to need to prove in order convict a defendant for battery. These include:

• Whether or not the defendant intentionally touched, struck, shoved, or kicked a victim.
• Whether or not the physical contact was against the victim's will or done without consent.

There are several different types of battery in Florida:

Simple Battery

In order to be charged with simple battery, all that is required is for the defendant to intentionally subject a victim to unwanted physical contact.

Simple battery is a first-degree misdemeanor in which you would be looking at a prison sentence of up to one (1) year and up to $1,000 in fines here in Florida.

Felony Battery

The prosecutor can also charge a defendant with felony battery if this is a subsequent offense.

Felony battery is a third-degree felony. In Florida, the sentence is typically up to five (5) years in prison along with up to $5,000 in fines.

Aggravated Battery

If a defendant used a deadly weapon or intended to cause serious bodily injury to the victim, then the prosecution will be able to prove aggravated battery.

Aggravated battery is a second-degree felony. This is the most serious of all battery charges, and in Florida a typical sentence could be imprisonment for up to fifteen (15) years and fines up to $10,000.

There are several factors to consider when forming your defense for assault and battery charges.

• Was the assault or battery committed in the act of self-defense?
• Was the assault or battery committed in the act of self-defense of another person?
• Was the assault or battery committed in the defense of your property?
• Was the defendant given consent to make physical contact with the victim?
• Were your Constitutional rights violated?
• Does the prosecution lack sufficient evidence?
• Did law enforcement commit any procedural violations?
• Was the defendant advised of their Miranda rights?
• Was the assault committed as a result of an accident?
• What other factors could demonstrate or prove there was no criminal intent to commit harm?

The attorneys at Fernandez Law Group have many years of experience in defending clients who were charged with assault or battery. What many people tend to overlook is the fact that these charges almost always arise as the result of two people getting into a disagreement.

You could end up being the only one charged with assault if your criminal defense attorney is not experienced in dealing specifically with these types of charges. You need an experienced attorney who will be able to show the court that mutual fighting was involved, and the confrontation was not just one-sided.

Why should I choose Fernandez Law Group to represent me if I am charged with the manufacture of a controlled substance?

At the Fernandez Law Group, we have more than 43 years experience handling many different types of cases involving assault or battery charges. We provide you with a team of experienced criminal defense attorneys to aggressively represent and provide you with the best possible defense.

Regardless of which type of assault charges you're facing, you should proceed with caution and hire a criminal defense attorney who has experience specifically dealing with assault charges as soon as possible. Not all criminal defense attorneys have the necessary experience in and out of the courtroom. These charges are very serious in Florida and the penalties can be rather severe.

When you come to Fernandez Law Group, you'll gain an instant advantage in your case as we provide you with a team of attorneys working on your defense.

We can help you understand the crime you've been charged with along with any and all possible defenses or options available to you.

Not only that, our team of attorneys includes a former prosecutor who has over 20 years experience working on that side of the courtroom. Because of that insight we are able to better communicate with the prosecution on your behalf, often reducing charges, bail amounts, and sentencing before a trial date is even discussed.

Our attorneys are ready to fight aggressively on your behalf and help you get the best possible outcome and with our FREE consultation, you can begin getting the advice and guidance you need right away.

What factors can lead to a conviction for assault?

In order to be convicted for assault, the prosecutor is going to have to prove several factors, including:

• The defendant intended to threaten the victim
• The defendant intended to cause the victim to feel fear
• The defendant intended to carry out a violent act against the victim
• The defendant demonstrated the threat through words
• The defendant demonstrated the threat through a gesture
• The defendant demonstrated the threat through an intimidating act
• The defendant demonstrated the ability to carry out the threat
• The victim must have been in fear of imminent danger or harm

It is important to remember that in addition to the maximum penalties and sentences imposed here in Florida for each type of assault and battery, the prosecution is also permitted by state law to request increased sanctions and penalties for:

• any defendant who has prior felony convictions,
• any defendant who has prior assault or battery charges,
• any defendant who has committed the act with a firearm or weapon,
• or any defendant who has been found to be a career criminal by the courts.

If you have been charged with assault or battery in Florida, you should contact an experienced assault or battery defense attorney immediately. These charges come with serious penalties and the consequences can last for a lifetime.

Take advantage of our FREE consultation so you can begin understanding the severity of the charges you are facing. Learn what penalties may be applied along with some defense strategies and potential outcomes. You'll be confident in your decision to call us once you speak with us.

Call us today at 813-489-3222 for a FREE consultation and find out what we can do to begin helping you with your defense immediately before you spend a dime!

Content authored by Gaston Fernandez

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Feedback and Reviews: Fernandez Law Group - Tampa Attorneys

With the evolution of social media and the newer, more interactive Internet we all have come to know in recent years, we thought we'd take a moment to present a collection of reviews we've gathered from various sites and networks across the Internet and present them here.You will also find links to the various sites and legal networks connected to each individual review where you can go to review and rate our law firm or attorneys yourself if you'd like. We encourage anyone who wishes to share their experience with our firm to do so and thank you all for your feedback.

* The facts and circumstances of your case may differ from the matters in which results and testimonials have been provided. All results of cases handled by Fernandez Law Group are not provided and not all clients have given testimonials.Every case is different, and each client's case must be evaluated and handled on its own merits.

Reviews & Feedback:

Fernandez Law Group:

Mr. Fernandez, It is a negative situation we are currently facing with Bryson, but our family thinks the world of Jeff Quisenberry, he is an outstanding, astute attorney and a special human being whom we are thrilled to have on our side. Thank you for your assistance. Best regards, Bob, Kelly and Bryson Rated via email on Sept. 25, 2013 Feedback via Email on Sept. 25, 2013  

Family Law:

For the first time in my life I have finally found a decent law firm that I know I can trust, thanks to a referral by a co-worker. After getting screwed over by countless attorneys costing me thousands of dollars for nothing, it is such a nice breath of fresh air to finally get real results and for a lot less than I expected. I wish I would have known about these guys the first time I ever needed an attorney, I could have avoided getting ripped off by a half dozen other crooked attorneys.

 Rated 5 out of 5 by Alexis on on July 21, 2013 | Link to Review  

Appeals:

Mr Fernandez represented me in a divorce appeals case out of the Second District Court in Lakeland FL. His professionalism, knowledge of the law and personal rapport was outstanding. I recommend him fully.

 Rated 5 out of 5 by Dave T. on  on July 19, 2013 | Link to Review  

Personal Injury:

Frank Fernandez knows the legal system very well. He treated me with respect, honor and integrity throughout my entire case and he carries himself well in the courtroom. My case was extremely challenging, yet he took what I thought was going to be a loss and turned it into a nice settlement. I wish I would have known of these guys sooner.

 Rated 5 out of 5 by Greg Stephens on  on July 17, 2013 | Link to Review  

Family Law: 

Fernandez Law Group helped me get through my divorce this year. Attorney Frank Fernandez and his staff were always easy to reach if I had any kind of questions regarding my case. They made me feel comfortable and confident through this unfortunate situation I had to face and helped me move on with my life. A big THANK YOU! to the Fernandez Law Group!

 Rated 5 out of 5 by Melissa L. on  on May 29, 2013 | Link to Review  

Criminal Defense:

Fernandez Law Group was able to get my fraudulent criminal charges filed against me dropped. I was arrested improperly while visiting my parents this past Christmas. Fernandez Law Group's team of attorney's used there knowledge and relationships to resolve my legal issue. I can't thank them enough for there services.

 Rated 5 out of 5 by Kevin F on  on February 28, 2013 | Link to Review  

Criminal Defense:

I was referred to the Fernandez Law Group by a friend that had gone through a child custody situation similar to mine. I was awarded full custody of my son with the help of this firm. Thank you.

 Rated 5 out of 5 by a Consumer on  on February 26, 2013 | Link to Review  

DUI:

Fernandez Law Group was an absolute pleasure to work with when dealing with my 1st DUI last year. Frank Fernandez and his team always made themselves available if I had any type of questions. My case was resolved exactly the way Frank had explained. Fernandez Law Group is a trustworthy firm. Thanks!

NO RATING - Reviewed by Joseph Myerson  on February 13, 2013 | Link to Review  

Family Law:

I have special gratitude to Frank Fernandez, my attorney in Tampa from Fernandez Law Group, P.A. for his dedication and considerations on my family law case. We were able to resolve my divorce outside of mediation which made the entire situation a lot easier. Thank you for all of your hard work.

 Rated 5 out of 5 by Steve on in January 2013 | Link to Review  

Awesome Personal Injury Attorneys:

I was in an altercation back in 2010 that lead into severe injuries to my shoulder and knee. Fernandez Law Group, P.A. guided me through the entire rehabilitation process and recovered a settlement that has been a blessing to my family and I during these tough times. I know that none of this would have been possible without there hard work and efforts on my case. I have a great deal of gratitude and respect for what the Fernandez Law Group has done for me and my family. I highly recommend this firm to anyone facing a personal injury situation.

 Rated 5 out of 5 by Thomas on  on Dec. 20, 2012 | Link to Review  

Auto Accident:

Fernandez Law Group, P.A. helped me recover a bigger settlement then expected from my car accident in 2012. There team of attorneys were reliable and relentless when dealing with the insurance company involved. I highly recommend the Fernandez Law Group to anyone involved in a personal injury situation.

 Rated 5 out of 5 by Elsa J. on  on Dec. 15, 2012 | Link to Review  

Personal Injury:

Fernandez Law Group went above and beyond to resolve my personal injury case in a timely manner. I was always kept up to speed on what was going on with my case which gave me confidence in my decision to retain them. Because of Fernandez Law Group's relentless yet professional representation, I received a bigger settlement then I could have ever imagined for my car accident. Thank you so much for all of your hard work!

 Rated 5 out of 5by a Private Individual on  on Nov. 12, 2012 | Link to Review  

Divorce:

Fernandez Law Group helped me get through my divorce this year. Attorney Frank Fernandez was always easy to reach if I had any kind of questions regarding my case. This firm made me feel comfortable and confident through this unfortunate situation I had to face. I highly recommend Fernandez Law Group to anyone going through any type of family law situations. Thank you!

 Rated 5 out of 5 by a Private Individual on  on Nov. 11, 2012 | Link to Review  

Family Law:

The Fernandez Law Group, P.A. was respectful and understanding of my particular family law situation. They took the time to explain everything in detail of how the divorce process works and made me feel comfortable. Any questions or concerns I had during the entire process, they would answer in a timely manner. I highly recommend the Fernandez Law Group to anyone going through a family law situation

 Rated 5 out of 5 by Anonymous on  on Oct. 9, 2012 | Link to Review  

Personal Injury:

Fernandez Law Group, P.A. provided me superior, effective, and vigorous representation. We paid for our legal services only when we obtained our recovery from my car accident. They also came to the hospital and my home because I could not drive. Fernandez Law Group was truly a blessing to me and my family. Thank you for all of your hard work and understanding.

 Rated 5 out of 5 by David T. on  on Sept. 15, 2012 | Link to Review  

Great Law Firm:

It's great to see a law firm that actually cares about a person's well being. The Fernandez Law Group has handled multiple legal issues I have had with respect and integrity. They went above and beyond to resolve my problems in a timely manner. Thanks again for your services.

 Rated 5 out of 5 by A Consumer on  on August 26, 2012 | Link to Review  

Child Custody:

The Fernandez Law Group really went above and beyond for my child custody issue. It's great to see a law firm that actually cares about each individual's situation. I highly recomend the Fernandez Law Group to anyone who needs legal assistance.

 Rated 5 out of 5 by Anthony on  on Aug. 24, 2012 | Link to Review  

Family Law:

The Fernandez Law Group are very compassionate and professional attorneys. When I brought my difficult custody battle case to them, I found from the get go that they was into my case without even finished my story. They were very diligent to investigate and research on case law to support their views. They listens to you and they are very straight to the point to tell you what to do or don't do.

 Rated 5 out of 5 by Luis E. on  in August 2012 | Link to Review  

Frank Fernandez:

Mr. Fernandez was extremely helpful in getting a mountain of excessive charges brought by an overzealous judicial system reduced to next to nothing, for a fraction of the cost several other attorneys in the area had quoted. I thought he handled my case exceptionally well, and was impressed by the respect he commanded in the courtroom. I would definitely recommend him to anyone and have found my new go-to guy for anything legal related. Thanks again Mr. Fernandez.

 Rated 5 out of 5 by a Private Individual on  on June 9, 2012 | Link to Review  

Child Custody:

The Fernandez Law Group helped me resolve my child custody situation. They are a very reliable and trustworthy firm. I would recomend The Fernandez Law Group to anyone dealing with any kind of family law issues.

NO RATING - Reviewed by AFacebookUser on  on June 7, 2012 | Link to Review  

Family Law:

The Fernandez Law Group have very kind and compassionate attorneys. They are very knowledgeable and take your case seriously with the heart and mind goal to help you. They spends great time with you and consult and research about your case. Most of that time of their due diligence is not charged. It tells you how committed they are to help you and not to ruin your pocket like other attorneys. They are upfront telling you pros and cons without no false expectations. I will be always thankful no matter what.

 Rated 5 out of 5 by a Consumer on  on May 26, 2012 | Link to Review  

Very Professional:

The best thing in the whole wide world is to see a Law Firm go out of it's way for a family's best interest, not money. This Law Firm is strickly for helping real people and family's. Love you Frank Fernandez, your a real person. Thanks for being there for my family. God Bless!

 Rated 5 out of 5 by Antonio on  in May, 2012 | Link to Review   Read more: http://www.thefernandezlawgroup.com/feedback-and-reviews.html#ixzz30HjJvjlc

Understanding HB 87, the "fair foreclosure act" of 2013 and how it affects homeowners facing foreclosure

For years, Florida has had the highest foreclosure rates in the nation. Damages from the 2008 mortgage crisis have been widespread and continue to occur at an alarming rate, resulting in large backlogs and delays in the court with many cases taking years to complete. And the 2010 robo-signing scandal has put over 100,000 cases on a waiting list to be re-tried.

As of late 2013, there were over 328,000 foreclosure cases sitting in the Florida judicial system. In order to try and help alleviate some of the congestion within the courts, the Florida legislature got together in the summer of 2013 and passed HB 87, otherwise known as the "Fair Foreclosure Act". The bill officially took effect on July 1, 2013.

What has changed since HB 87 went into effect?

Although the bill was designed in part to help speed up the foreclosure process, filings have actually dropped since the bill took effect and cases are not being filed any faster. The new law has also placed much more stringent requirements on the lender. Specifically, Section 702.015, Florida Statutes requires Plaintiffs to acknowledge that they have all of the proper documents necessary to prove their case. The drop in filings may be due to banks adjusting to the new law as they appear to be more cautious when bringing cases in front of the court. Some experts believe the banks are having trouble meeting the new stipulations.

How does HB 87 affect homeowners facing foreclosure in Florida?

For homeowners, the time to act when facing foreclosure has never been as critical as it is in the wake of HB 87. The entire foreclosure process has been expedited in a way that makes it much easier for banks to foreclose, and in a lot less time than before - provided they can get over the new hurdles they face with presenting the proper paperwork in their filings.

Once the bank has met the new filing requirements, the borrower now only has 20 to 45 days from the time they are served with the foreclosure notice to prove the lender does not have legal ground to take the property. This is largely due to the fact that HB 87 switches the burden of proof from the Plaintiff, bank, or lender to the Defendant, borrower or homeowner.

Speeding up the foreclosure process also produces another negative side-effect against borrowers as they now have a lot less time to gather evidence and build a stronger defense. The new process will also make it more difficult for homeowners to prepare for loan modifications, short sales, or deeds in lieu of foreclosure - especially without the help of an attorney, as time is critical and having experience in foreclosure defense is crucial to success.

Unfortunately, it looks like HB 87 doesn't provide much benefit to homeowners. And although the fraudulent document issue is allegedly addressed by requiring banks to file certain documents in the beginning of the foreclosure process, they are still not required to produce the mortgage or its assignments and homeowners will have even less opportunity to prove whether or not the documents are fraudulent. If a lender files a foreclosure complaint and it goes uncontested for 45 days, and no genuine defense is produced, the lender can enter a final judgment of foreclosure and request an order of foreclosure sale. On top of all that, HB 87 has made all foreclosure judgments final.

How can Fernandez Law Group help with my foreclosure defense in lieu of HB 87?

The biggest impact of HB 87 is the fact that homeowners facing foreclosure now must act even faster when they first realize they might be facing a financial hardship. After falling behind a few payments, not having a plan in place can have drastic consequences. And once you receive a foreclosure notice, the time left to defend yourself is even reduced even more. Hiring an experienced foreclosure defense law firm will help ensure your current situation is properly assessed so a strategic plan of defense can be implemented as soon as possible. Your attorney will help you determine if you qualify for short sales or loan modification programs and other foreclosure defense remedies and which of those options are in your best interest.

 The attorneys at Fernandez Law Group have many years of experience in providing foreclosure defense, short sale and loan modification options to homeowners with favorable results. We've been on the forefront of defense since before the housing crisis and have evolved our methodologies and tactics through the changing laws in order to continue providing solid representation.

HB 87 isn't fair to or in favor of homeowners and strips them of some basic rights. The changes that allow foreclosures to now be routed through a homeowner association in order to expedite the process have effectively removed many of the proceedings from taking place in a courtroom, which was once required by Florida law. Taking the case out of the courtroom takes away the homeowner's right to defend their case in court, however, the new paperwork requirements have actually lessened the number of foreclosures being filed.

Analysts have concluded that it has become easier and less cumbersome for banks to attempt negotiations rather than proceed with foreclosure sales. This could be due to the fact that housing rates are on the rise, while the number of cash paying investors gobbling up real estate has declined. Homeowners are less underwater, with more equity in their homes, making short sales and loan modifications much easier to qualify for.

 There are also future revisions in development which are expected to change HB 87 from top to bottom in order to help expedite the process even faster. Any homeowners already in a delicate situation will be facing even more severe consequences and further demonstrating the need to hire qualified representation as soon as possible.

The Tampa attorneys here at Fernandez Law Group have plenty of experience in foreclosure defense and are ready to assess your situation. You can take advantage of our Free Consultation and receive valuable insight and advice to help you make the right decision for your financial future and well being. You are under no obligation, and you will walk away with plenty of valuable information to help you with your defense.

GET HELP NOW!

Call us today at 813-489-3222 for a FREE consultation.

Additional Foreclosure Defense Information:

• HB 87 and how it affects Florida homeowners facing foreclosure
• How to prepare for your consultation with a foreclosure defense attorney
• Florida Foreclosure Rates Top the Nation for 2012 - How can Fernandez Law Group help me with my Foreclosure?
• Reasons why you should hire a Foreclosure Defense Attorney
• Understanding the elements of Foreclosure Defense
• Using Bankruptcy as a form of Foreclosure Defense
• Lack of Jurisdiction and Insufficiency of Service in Foreclosure Defense

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  Content authored by Gaston Fernandez