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Your Advocates

Fort Myers Assault, Battery, Domestic Violence Defense Attorneys

Dedicated to Protecting Your Rights and Freedoms

Being accused of assault, battery, or domestic violence could be a frightening experience. You might not know what the criminal process is or what the outcome may be. Our lawyers at Powell, Jackman, Stevens & Ricciardi have over 70 years of combined legal experience, and we understand the law. We will take the time to discuss the circumstances with you, the charge you’re facing, and your legal options. Our team has handled numerous legal issues or varying complexity, and we know how to develop effective legal strategies to challenge the allegations made against you. When you retain our services, we will provide aggressive defense and work toward a favorable outcome in your case.

Schedule a free consultation today by calling us at (239) 970-6844.

What Is Assault?

Although often used interchangeably with battery, under Florida law, assault is a different charge. According to Statute 784.011, a person commits this offense when they intentionally threaten to harm another person.

Specifically, the law defines this crime as:

  • Unlawfully threatening, with words or actions, to cause injury to someone;
  • Having the ability to carry out the behavior; and
  • Making the other person fear violence is forthcoming

This offense is a second-degree misdemeanor.

Potential conviction penalties include:

  • Up to 60 days in jail
  • Up to $500 in fines

Aggravated Assault can be a third-degree felony with up to 5 years in prison, probation or a combination thereof.

What Is Battery?

Battery is different from assault in that the individual actually strikes the other person or causes them injury. The actions must be done intentionally.

Depending on whether a person is charged with a first-time offense, or if they have a previous conviction, battery could be charged as a first-degree misdemeanor or a third-degree felony.

A conviction could carry the following punishments:

  • First-degree misdemeanor:
    • Up to 1 year in jail
    • Up to $1,000 in fines
  • Third-degree felony:
    • Up to 5 years in prison
    • Up to $5,000 in fines

Battery is an enhanceable offense in Florida. Batteries with certain aggravating factors can result in penalties greater than those listed above.

What Is Domestic Violence?

Domestic violence occurs when an individual commits a criminal offense, such as assault or battery, that causes injury or death to a family or household member.

Under Florida Statute 741.28, a family or household member includes:

  • Spouses
  • Ex-spouses
  • Blood relatives
  • Relatives through marriage
  • Persons with whom the accused currently or previously lived as family
  • Persons with whom the accused shares a child

The level of charge brought for domestic violence depends on the type of offense the person is alleged to have committed. A conviction could result in jail or prison time and steep fines.

Get Effective Legal Counsel Today

Whether you have been charged with a felony or misdemeanor, it is imperative to have a skilled attorney represent you throughout your case. Being found guilty of an offense could result not only in incarceration but also in a loss of certain rights, such as gun ownership, and a criminal record. The punishments could impact you for the rest of your life, making it difficult to find a job or get a place to live. At Powell, Jackman, Stevens & Ricciardi, our attorneys in Fort Myers fight hard to prevent that from happening. We will thoroughly research and prepare for your case to identify weaknesses in the prosecutor’s arguments and work toward getting charges reduced or dropped.

Discuss your case with our team by calling us at (239) 970-6844 or contacting us online.

Meet Our Attorneys

  • William M. Powell, Esq.
    William M. Powell, Esq. Partner
  • Rita M. Jackman
    Rita M. Jackman Partner
  • Adam J. Stevens
    Adam J. Stevens Partner
  • Richard M. Ricciardi, Jr.
    Richard M. Ricciardi, Jr. Partner
  • William M. Powell, Esq. Partner
    William M. Powell, Esq.

    Although William M. Powell, Esq. is well-versed in a variety of legal matters and case types, he has built a strong reputation through his focus on personal injury and medical malpractice cases. Your Advocates are proud to have him as a member of our law firm. He shares our passion for helping people in need and prioritizes our clients’ needs. Read More

  • Rita M. Jackman Partner
    Rita M. Jackman

    Ms. Jackman’s unwavering ambition and leadership has provided clients and will provide her future clients a star in this profession. Ms. Jackman is a relentless researcher and preparer who handles her client tasks with a tremendous amount of preparation and thought. Ms. Jackman was born and raised in Cape Coral, Florida which has worked to benefits her practice and the clients that she serves. Read More

  • Adam J. Stevens Partner
    Adam J. Stevens

    Mr. Stevens has found his niche by becoming a litigation attorney and understands that communication between an attorney and client are paramount to obtaining favorable results. Mr. Stevens is known for taking on any and all types of cases no matter how difficult or routine they may be. Mr. Stevens is known as an aggressive attorney, though at the same time understands that some cases require a more patience to ensure a favorable result. Mr. Stevens does not shy away from challenging legal issues and has litigated complex matters against municipalities, international unions, large banking institutions, and several insurance companies. Read More

  • Richard M. Ricciardi, Jr. Partner
    Richard M. Ricciardi, Jr.

    His experience in litigation provides him the ability to identify and isolate potential areas of conflict and effectively counsel clients around potential pitfalls. Mr. Ricciardi believes that proper estate planning, real estate counsel, and business planning are areas of importance to everyone. Protecting and dispensing clients' various interests, assets, and lifetime earnings can make the difference between a comfortable retirement and wasting thousands of dollars in assets and earnings. Specialized knowledge, experience and attention to detail in these areas is therefore critically important. Read More

How We're Different:

  • Dedicated & caring service
  • Over 70 years' combined experience
  • One-on-one attention
  • Customized strategies
  • Accessible - 24 hour response time
  • El abogado habla español