Assault and Battery Defense
Assault and battery cases often involve conflicting accounts, self-defense claims, witness credibility issues, and incomplete police investigations. Hoffman Legal works to identify what actually happened and why.
Key Defense Issues
The firm examines self-defense, defense of others, lack of intent, mistaken identity, injuries, body camera footage, 911 calls, and the credibility of each witness.
Protecting Your Reputation
Even an allegation can damage your reputation. A focused defense helps protect your liberty, record, and future opportunities.
Discuss Your Case With Hoffman Legal
Get clear guidance before you speak with prosecutors, insurers, or opposing parties.
Free ConsultationFrequently Asked Questions
Answers to common questions David hears from clients. This is general information, not legal advice — every case is different. For guidance on your specific situation, schedule a free consultation.
What's the legal difference between assault and battery?
Assault is an intentional, unlawful threat that creates a well-founded fear of imminent violence. Battery is actual unwanted physical contact or intentionally causing bodily harm. You can be charged with either or both.
When is it charged as a felony?
Battery becomes a felony in Florida when a deadly weapon is used, when it causes great bodily harm or permanent disability, or when the defendant has a prior battery conviction. Aggravated assault is also a felony.
Is self-defense a valid defense?
Yes. Florida's self-defense and Stand Your Ground laws can justify the use of force if you reasonably believed it was necessary to prevent imminent harm. A pretrial immunity hearing can sometimes resolve the case before trial.
Can the case proceed if the alleged victim doesn't want to press charges?
Yes. Domestic and non-domestic battery cases in Florida are prosecuted by the state, not the victim. A reluctant witness can affect the outcome but doesn't automatically end the case.
Will a conviction affect my gun rights?
A felony conviction results in loss of firearm rights under both state and federal law. Certain misdemeanor domestic violence convictions also trigger federal firearm restrictions.