Cohen Law P.A.

Lakeland Assault and Battery Criminal Defense Attorney

Experienced Lakeland Criminal Defense Lawyer, Lee A. Cohen, offers legal services for Assault and Battery Crimes in Lakeland, Polk County, and Central FL.

Assault and Battery Criminal Defense Lawyer

Call Attorney, Lee A. Cohen 863.646.7636

The last thing that you want to have on your record is an offense involving violence. Battery and, or assault criminal offenses are considered offenses involving violence. As an experienced criminal defense attorney, I can certainly help you out with representation involving assault and battery criminal offenses. In a Battery and, or assault criminal case I will be investigating the case myself, interviewing witnesses, and when possible, finding witnesses that were present during the alleged altercation, to show the prosecutor that their case against you is weak.

There are alternative ways of handling assault and battery criminal cases so that you are not adjudicated, and you do not have to go to trial regarding the case. However, if a trial is unavoidable, I will personally prepare the case for your defense to present a trial on your behalf. There are alternative means of handling a case prior to trial which can help you out more than risking going to trial.

The difference between an assault or battery crime is that in an assault the accused allegedly in an imminent threat of harm. The legal nuances of that are that the threat must be imminent and not over a phone. A battery crime involves the intentional unwanted touching of any kind. A misconception in battery cases is that many people think it must involve striking. A battery actually involves an intentional and unwanted touching of any kind. According to law, even the touching of someone’s hand may be considered battery if it is intentional.

Protect your rights by seeking the legal advice and representation of an experienced Assault and Battery Criminal Defense Lawyer.

Contact Lee A. Cohen at 863.646.7636 for your Assault and Battery Criminal Defense legal needs in the Lakeland, Winter Haven, Bartow, Polk County, and Central Florida Area.


Miranda Rights
By Attorney, Lee Cohen

A Legal Success Story
of Attorney, Lee Cohen



ATTORNEY, LEE A. COHEN
BIOGRAPHY

Attorney, Lee A. Cohen

Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation. 

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BOARD CERTIFIED IN
CRIMINAL TRIAL LAW

Board Cetrified Criminal Trial Lawyer

I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.


CONTACT US › › ›



ATTORNEY, LEE A. COHEN
BIOGRAPHY

Attorney, Lee A. Cohen

Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation.

LEE A. COHEN'S BIOGRAPHY › › ›



BOARD CERTIFIED IN
CRIMINAL TRIAL LAW

Board Cetrified Criminal Trial Lawyer

I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.


CONTACT COHEN LAW, P.A. › › ›


Self Defense when charged with Criminal Assault or Battery in Lakeland or Polk County, Florida

Self-defense is a possible defense to assault and battery charges in Florida. According to Florida law, a person can use force to protect themselves or another person from imminent physical harm or violence . The person does not have to retreat or wait to be attacked before acting in self-defense . However, the force used must be proportional to the threat and not excessive . Self-defense claims must also meet other requirements, such as not being the aggressor or engaging in illegal activity.


Can "Consent" be used as a defense against Assault or Battery Criminal Charges in Florida?

The issue of consent as a defense against assault or battery criminal charges in Florida is complex and depends on the circumstances of each case. Generally, consent means that the person who was touched or harmed agreed to the physical contact or the risk of injury. However, consent is not always a valid defense, especially if the force used was excessive, unlawful, or resulted in serious bodily harm. For example, consent may be a defense if the parties engaged in mutual combat, such as a fight or a sport, and understood the possible consequences of their actions. However, consent may not be a defense if one party initiated the fight, used a deadly weapon, or inflicted disproportionate harm to the other party. Therefore, whether consent can be used as a defense against assault or battery charges in Florida depends on the facts and the law of each case.


Does "Intent" have to be proven relating to Assault and Battery Criminal Charges in the State of Florida?

In Florida, assault and battery are separate crimes that have different elements and penalties. Assault is the intentional and unlawful threat of violence against another person, while battery is the actual or intentional touching or striking of another person without their consent. Intent is an essential element of both crimes, meaning that the prosecution must prove that the defendant acted with a specific purpose to harm or threaten the victim. However, intent does not have to be proven directly; it can be inferred from the circumstances of the case, such as the words, actions, or weapons used by the defendant. Therefore, a person can be charged with assault or battery even if they did not actually intend to hurt the victim, as long as their conduct created a reasonable fear or expectation of harm.


Can a reliable "Alibi" be effectively used in a Florida criminal court in the defense of Assault or Battery Criminal Charges when the charges against me are false and made up by the alleged victim?

An alibi is a defense that claims the defendant was somewhere else when the alleged crime occurred. In Florida, an alibi defense must be disclosed to the prosecution at least 10 days before trial, along with the names and addresses of any alibi witnesses. An alibi can be a reliable and effective defense in a criminal court if it is supported by credible evidence, such as documents, videos, or testimonies. However, an alibi defense may not be enough to overcome the prosecution's evidence, especially if the alleged victim can identify the defendant as the perpetrator. Therefore, an alibi defense should be used in conjunction with other strategies, such as challenging the credibility of the alleged victim or presenting evidence of self-defense or consent.


Can I be found Innocent or Not Guilty in an Assault or Battery Criminal Trial in Florida if it is proven that my actions were out of necessity to protect others or property against the actions of the alleged victim?

In Florida, assault and battery are serious criminal offenses that can result in harsh penalties. However, there are some legal defenses that can be used to challenge the charges and avoid a conviction. One of these defenses is the necessity defense, which applies when a person acts out of necessity to protect themselves, others, or property from imminent harm caused by the alleged victim. The necessity defense requires the person to prove that they had a reasonable belief that their actions were necessary to prevent a greater evil, that they did not create the situation that required the use of force, and that they used no more force than was reasonably necessary under the circumstances.


Can texts or social media post by the alleged victim be used to prove my innocence in a Florida Assault or Battery Criminal Case where his or her texts and social media shows the alleged victim was actively seeking to incite an altercation with me?

In some cases, text messages and social media posts from the alleged victim can potentially be valuable evidence in proving your innocence in a Florida assault or battery criminal case, particularly if they indicate that the alleged victim was actively seeking to incite an altercation. Such communications may help establish self-defense or show that the alleged victim's actions contributed to the situation. It's essential to work closely with an experienced criminal defense attorney who can help you collect and present this evidence effectively in court. However, admissibility of such evidence can be subject to legal rules and procedures, so consulting with legal counsel is crucial to ensure it is used appropriately to support your defense.


Can a Felony Assault or Battery Criminal Charge be downgraded to a Misdemeanor in the State of Florida?

Felony assault or battery is a serious criminal offense in Florida that can result in harsh penalties, such as imprisonment, fines, and loss of civil rights. However, in some cases, it may be possible to have a felony charge reduced to a misdemeanor, depending on the circumstances of the case and the defendant's criminal history. Some factors that may influence the prosecutor's decision to downgrade a charge include the severity of the injury, the presence of a weapon, the relationship between the parties, the defendant's cooperation with law enforcement, and the availability of evidence. A skilled criminal defense attorney can help negotiate with the prosecutor and present mitigating evidence to seek a favorable outcome for the defendant.


Can an assault or battery criminal conviction be sealed or expunged in the State of Florida?

In the State of Florida, criminal convictions for assault or battery typically cannot be sealed or expunged from your record. Florida law allows for the sealing or expungement of certain eligible non-conviction records, such as arrests that did not result in convictions. However, convictions for assault or battery generally do not qualify for expungement or sealing. It's essential to consult with a knowledgeable attorney in Florida to discuss your specific situation and explore potential options for mitigating the impact of a criminal conviction on your record.


What is the importance in hiring an experienced Assault and Battery Criminal Defense Attorney in Lakeland and Polk County, Florida?

If you are facing charges of assault and battery in Lakeland or Polk County, Florida, you need to hire an experienced criminal defense attorney as soon as possible. Assault and battery are serious offenses that can result in harsh penalties, such as jail time, fines, probation, and a criminal record. A skilled attorney can help you fight the charges, protect your rights, and explore your legal options. An attorney can also negotiate with the prosecutor, challenge the evidence, and present a strong defense in court. Hiring an experienced assault and battery criminal defense attorney may make a significant difference in the outcome of your case.


Contact Lakeland Criminal Defense Lawyer, Lee A. Cohen today at 863.646.7636




Cohen Law, P.A.

5430 Strickland Avenue, Lakeland, FL 33812

Phone: 863.646.7636Fax: 863.648.0983




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COHEN LAW, P.A.

Attorney, Lee A. Cohen | 863.646.7636