Battery Lawyer

Battery Charges in Florida

A good battery lawyer is priceless because of the difference they can make in the rest of your life. With background checks in the information age and the Internet and social media, you don’t need anything like this on your record in any way, shape or form. This is not to scare you into giving any lawyer your money. It’s just the truth. People are falsely accused of crimes all the time, and unless they have the means to hire a good lawyer, it could negatively affect the rest of their lives.

Simple Battery

A simple battery is a very low level crime, like simple assault. It is a misdemeanor. In Florida, a simple battery is when you intentionally touch or strike another person against their will. The touching can be a push or shove. No injury is necessary.

In order for the battery to be considered a “crime,” the touching has to offend a reasonable person. Getting on a crowded elevator and bumping into a person is not a battery. However, pushing someone out of the way to get on the elevator is.

Crime Level: 1st degree misdemeanor

Common outcome: A fine and/or some minimal county probation, maybe an anger management class, no contact with victim, court costs and costs of prosecution.

Maximum Penalties: 1 year county jail or probation; $1,000 fine, $151 battery surcharge if convicted.

Battery Domestic Violence

Battery domestic violence is probably the most common version of criminal offense in the state of Florida. For battery to be considered domestic violence, you have to commit it upon a family member. It can even be applied to someone you had had a relationship with in the past. There is a lot of case law where the good battery lawyers get cases dismissed because they are able to negate this legal definition.

In general, prosecutors take these cases very seriously and they even have divisions that focus solely on these crimes. Concerns are for victims and special victims who suffer from conditions like battered woman syndrome. There are organizations (like Harbor House in Orlando, Safehouse in Sanford and HelpNow in Kissimmee to name a few) who will provide free legal counsel to women and help they obtain restraining orders (also called injunctions) for domestic violence againt you as well. Take those very seriously. They go on your record!

While nobody should be the victim of domestic violence, it is a sad reality that there are people out there who will lie or make up a story to get another arrested. Sometimes, to gain advantage in a family law or child custody case. When that occurs, you will want the best battery lawyer to represent you. The attorney should look into the motive. A common one is out of spite or jealousy. Discovering details like these can be the difference between a conviction and an acquittal.

Crime Level: 1st degree misdemeanor

Common outcome: 12 months of county probation; community service, anger management class, batterer’s intervention program, no contact with victim.

Maximum Penalties: 1 year county jail or probation; $1,000 fine, $151 battery surcharge if convicted.

Felony Battery

A felony battery is a more serious version of simple battery.  It is enhanced only by virtue of victim injury.  If you cause great bodily harm, permanent disability or permanent disfigurement to the other person, you may be charged with felony battery.

Often times people charged with this crime argue that it is not fair to charge them as a felony just because the other person suffered great bodily harm.  For example, one person may push a guy who falls the ground and only scrapes his knee a bit.  That’s a misdemeanor.  But you push a guy with the same amount of force and your guy falls to the ground and shatters his knee.  That’s a felony.  Why should you be punished more severely for the same act?  This is called the eggshell skull theory.  You take your victims as you find them.  It’s not fair necessarily, but that is the law.

Crime Level: 3rd degree felony

Common outcome: Some jail time (depending on the victim and/or the injuries), felony probation, anger management classes, payment of restitution to the victim, no contact, fines, court costs, cost of prosecution and any cost of investigation.

Maximum Penalties: 5 years state prison or probation; $5,000 fine, $151 battery surcharge if convicted.

Aggravated Battery

Like felony battery, aggravated battery is a more serious version of simple battery.  It is different in that you must intent to cause bodily harm to the victim AND you must intend either (1) great bodily harm, permanent disability or permanent disfigurement to the other person, or (2) use a deadly weapon.  A deadly weapon can be anything used or threatened to be used in a way that is likely to produce death or great bodily harm.  For example, a car, an axe, a machete, or even a baseball bat can all be considered deadly weapons.

Evidence in these cases usually also include either evidence of physical injury (usually photos) or the deadly weapon alleged to have been used.  Either way, presentation of either of those is prejudicial to a person accused of this crime.  A good criminal defense attorney will prepare to rebut what the prosecution presents.

Crime Level: 3rd degree felony

Common outcome: Some jail time (depending on the victim and/or the injuries), felony probation, anger management classes, payment of restitution to the victim, no contact, fines, court costs, cost of prosecution, and any cost of the investigation.

Maximum Penalties: 5 years state prison or probation; $5,000 fine, $151 battery surcharge if convicted.

Battery on a Person 65 or Older

In Florida, battery on an elderly person is a felony crime with specific legal provisions to protect vulnerable individuals. This offense involves intentionally touching or striking a person aged 65 or older without their consent, causing them harm or injury. Battery on an elderly person is taken seriously due to the increased vulnerability of the victim. Convictions for this crime can result in severe penalties, including imprisonment, fines, and mandatory counseling or probation. The exact consequences will depend on the specific circumstances of the case and any prior criminal history of the offender. Prosecution of this offense reflects the state’s commitment to safeguarding the well-being of elderly individuals in Florida.

The statutory language on this law can be found here. You should also know that if you cause serious, bodily injury to an elderly person, there may be a mandatory minimum prison sentence, which is very serious. Basically that means you have to go to prison and the prosecutors and the judges have no discretion. If you find yourself charged with this crime, call us today to talk about your defenses. Do not talk to the police.

Defenses to Battery

In the state of Florida, individuals facing a criminal charge of battery have several defenses available to challenge the accusations against them. Here are some common defenses used in battery cases:

Self-Defense: This defense asserts that the accused used reasonable force to protect themselves from imminent harm or bodily injury. To successfully claim self-defense, it must be shown that the force used was proportionate to the perceived threat.

Defense of Others: Similar to self-defense, this defense involves using reasonable force to protect another person from immediate harm or danger. It requires demonstrating that the accused had a reasonable belief that the person they were defending was in imminent danger.

Consent: If it can be established that the alleged victim voluntarily and willingly participated in the physical contact that led to the battery charge, the defense of consent may be raised. However, it’s important to note that consent may not be a valid defense in all battery cases, particularly those involving serious injury or public policy concerns.

Lack of Intent: Battery requires an intentional act. If the accused can demonstrate that the physical contact was accidental, unintentional, or the result of an innocent mistake, they may argue a lack of intent as a defense.

Stand Your Ground: In Florida, the Stand Your Ground law allows individuals to use force, including non-deadly force, if they have a reasonable belief that it is necessary to protect themselves from imminent harm or the commission of a forcible felony. This defense removes the duty to retreat before using force in self-defense.

Alibi: If the defense can provide credible evidence that the accused was not present at the time and location of the alleged battery, an alibi defense can be raised to challenge the prosecution’s case.

Mutual Combat: The concept of “mutual combat” is not recognized as a legal defense to the crime of battery in Florida. Mutual combat refers to a situation where two or more individuals voluntarily engage in physical altercations with one another. While both parties may willingly participate in the fight, it does not absolve them from potential criminal liability for committing battery.

It’s important to consult with a knowledgeable battery lawyer to determine the most appropriate defense strategy based on the specific circumstances of the case.

We take the time to get to know everyone of our clients and we will evaluate the evidence, applicable laws, and the available defenses to build a strong case and protect the your rights. 407-344-4837