Assault & Battery
Protecting You and Your Family Through Life’s Toughest Moments
Charlotte County Assault & Battery Lawyer
Former Prosecutor. Six Years Building Cases. Now Building Your Defense.
An assault or battery charge in Charlotte County moves fast. From arrest through arraignment, the prosecution begins building its case immediately, and the window to challenge evidence, locate witnesses, and shape a defense strategy is narrowest in those first days. Our founding attorney, Tauna R. Bogle, spent six years as an Assistant State Attorney before dedicating her practice to criminal defense. She knows how prosecutors in Charlotte County construct these cases because she built them. That background changes what we look for, what we challenge, and how we negotiate.
Our office is in Punta Gorda, steps from the Charlotte Justice Center where these cases are heard. We conduct our own internal investigations independently of the police record. We gather evidence and interview witnesses before memories fade. We hold an A+ Rating with the Better Business Bureau and offer an initial consultation so you can understand your options without delay.
Assault vs. Battery: How Florida Law Defines Each Charge
Florida treats assault and battery as legally distinct offenses, and the distinction matters for how your case is charged and defended. Under F.S. § 784.011, assault is an intentional, unlawful threat by word or act to do violence to another person, combined with the apparent ability to carry it out, that creates a well-founded fear of imminent harm. Physical contact isn’t required. Under F.S. § 784.03, battery is actually and intentionally touching or striking another person against their will, or intentionally causing bodily harm. An injury isn’t required; unwanted intentional contact is enough to satisfy the statute.
Both charges can arise from the same incident and may be filed together. Whether your case is charged as a misdemeanor or a felony depends on the severity of the conduct, the presence of a weapon, the victim’s status, and your prior record.
Penalty Ranges: From Simple Misdemeanor to Aggravated Felony
Florida’s sentencing structure for assault and battery spans a wide range, and several factors can quickly push a charge into felony territory.
Charge levels and their maximum penalties under Florida law:
Simple assault (F.S. § 784.011): Second-degree misdemeanor, up to 60 days in jail and a $500 fine
Simple battery (F.S. § 784.03): First-degree misdemeanor, up to one year in jail and a $1,000 fine
Aggravated assault (F.S. § 784.021): Third-degree felony, up to five years in prison; charged when a deadly weapon is used without intent to kill, or when the assault is committed with intent to commit a felony
Aggravated battery (F.S. § 784.045): Second-degree felony, up to 15 years in prison; charged when the victim suffers great bodily harm, permanent disability, or permanent disfigurement, a deadly weapon is used, or the victim was pregnant
Felony battery (prior conviction): A prior battery conviction elevates a subsequent charge to a third-degree felony, up to five years in prison and a $5,000 fine
Charges can also be enhanced when the alleged victim is a member of a protected class, including law enforcement officers, firefighters, school employees, healthcare workers, and individuals aged 65 or older. Conduct that would otherwise be a misdemeanor can rise to felony-level charges. Beyond the sentence itself, a violent crime conviction can affect employment, housing, immigration status, firearm rights, and child custody proceedings. These are potential consequences that vary by individual circumstances, but they underscore why the charge must be taken seriously from day one.
How We Defend Assault & Battery Cases at the Charlotte Justice Center
Every defense we build starts with a full understanding of how the prosecution intends to prove its case. Tauna R. Bogle’s six years as an Assistant State Attorney gave her direct experience evaluating evidence, working with witnesses, and making charging decisions. That background informs how we approach every assault and battery case we take in Charlotte County.
We conduct our own independent investigation rather than relying on the police record. This includes reviewing body camera footage, interviewing witnesses separately from law enforcement, and identifying inconsistencies in the prosecution’s evidence before they become locked in at trial. Our public record includes case dismissals and Not Guilty verdicts in criminal trials, and our established relationships with local prosecutors and the Charlotte Justice Center can help us negotiate charge reductions when that path serves our clients best.
Defense approaches we evaluate in assault and battery cases include:
Florida Stand Your Ground (F.S. § 776.012): Eliminates the duty to retreat and permits the use of force when a person reasonably believes it is necessary to prevent imminent death or great bodily harm, provided they were in a place they had a right to be and weren’t engaged in criminal activity
Self-defense and defense of others: Evaluated based on whether the force used was reasonable and proportional to the perceived threat
Pre-trial motions to suppress: Evidence obtained through an unlawful search or seizure can be challenged before trial, potentially resulting in reduced charges or dismissal
Lack of intent or accidental contact: Battery requires intentional conduct; evidence of accident or misidentification can undermine the charge
False allegations: Accusations arising from domestic disputes, contentious separations, or incidents with no independent witnesses require a defense built around witness credibility and evidentiary gaps
Plea negotiations and charge reduction: When full dismissal isn’t available, our knowledge of how prosecutors evaluate cases and what evidence is needed for conviction can be a decisive factor in pursuing a reduced charge
For Spanish-speaking clients, one of our attorneys is fluent in Spanish and can communicate directly throughout every stage of your case.
Your Rights After an Assault or Battery Arrest in Florida
An arrest doesn’t mean a conviction. Florida law guarantees defendants meaningful rights at every stage of the process, and exercising those rights correctly from the moment of arrest can shape how the case proceeds.
Rights that apply immediately after an arrest:
The right to remain silent: You aren’t required to speak with law enforcement without an attorney present. Exercising this right promptly is critical. Anything said before counsel arrives can be used in the prosecution’s case.
The right to legal representation: You have the right to retain an attorney of your choice before answering questions or making any statements.
The right to a fair trial: Prosecutors must prove every element of the charge beyond a reasonable doubt. The burden of proof never shifts to you.
The right to appeal: If convicted, a higher court can review the proceedings for legal errors that may have affected the outcome.
A charge doesn’t always lead to conviction. Charges may be reduced or dismissed based on the defense strategy developed, the strength of the prosecution’s evidence, and procedural challenges raised before or during trial. We keep clients fully informed throughout the process so they can make decisions with a clear picture of where their case stands. We also handle domestic violence injunctions, which frequently arise alongside assault and battery charges and require immediate attention to protect your rights.
Contact Our Assault & Battery Defense Team in Charlotte County
If you’ve been arrested for assault or battery in Charlotte County, contact Tauna and the team at Bogle Law as quickly as possible. We can review the evidence, begin our independent investigation, and start building your defense before the prosecution’s case has time to solidify. Our initial consultation gives you a clear picture of your options and a direct path to protecting your rights. Every day matters when facing these charges.
Recently arrested for assault or battery in Charlotte County? Contact our criminal defense team for an initial consultation. Call (941) 257-4743 today.
Frequently Asked Questions
What should I do immediately after being charged with assault or battery in Charlotte County?
Remain calm and don’t speak with law enforcement without an attorney present. Document everything you remember about the incident as soon as possible. Contact a defense attorney quickly. The earlier you retain counsel, the more opportunity exists to preserve evidence and challenge the prosecution’s case before it is finalized.
How Is Assault Different From Battery in Florida?
Assault involves an intentional threat of harm that creates a well-founded fear in the victim; no physical contact is required. Battery involves actual unwanted physical contact or intentional bodily harm. Both charges can be filed from the same incident, and each carries its own penalties under Florida law.
What Are the Potential Consequences of a Felony Assault or Battery Charge in Florida?
Aggravated battery carries up to 15 years in prison and significant fines. Beyond the sentence, a felony violent crime conviction can have long-term effects on employment, housing, immigration status, firearm rights, and child custody proceedings. The specific consequences depend on the charge level and individual circumstances.
Is Self-Defense a Valid Defense for Assault or Battery Charges in Florida?
Yes. Florida’s Stand Your Ground law (F.S. § 776.012) may apply if you reasonably believed force was necessary to prevent imminent death or great bodily harm and you were in a place you had a right to be. Whether the defense is viable depends on the specific facts of the incident, which is why early legal consultation matters.
Are There Alternatives to Conviction for First-Time Offenders Facing Assault or Battery Charges in Florida?
Florida offers pre-trial diversion options that may allow eligible first-time offenders to avoid a conviction by completing requirements such as community service or counseling. Eligibility depends on the severity of the charge and the facts of the case. An attorney can evaluate whether diversion is available and how to pursue it.
You can benefit from an entire team of professionals working to protect your future and provide comprehensive legal strategies.
Unwavering Integrity
At Bogle Law, we handle every case with honesty and transparency, always working in the best interests of our clients and their families.
Personalized Support
We prioritize our clients' needs, offering compassionate, personalized support and attention to detail to guide you through every step of your case.
Trial-Tested Experience
With years of experience and proven success in the courtroom, we bring skilled representation to even the most challenging cases.
What Our Clients Are Saying
“Highly recommended!”
“Tauna Bogle was professional and easy to work with. During a time of stressful events, she carefully guided us and provided all services we needed.”
Anthony
“Confident and professional”
“Tauna is very poised, very confident and professional. I am forever grateful to her for taking my case and succeeding in protecting my business and everyday life from disaster.”
Joe
“Very Knowledgeable”
“Ms. Bogle was very knowledgeable about the issues faced in my case and was able to give the very best advise on how to proceed, resulting in a positive outcome.”
