Written by Kenneth L. Foote
Battery Defense Attorneys
The line between a heated argument and a crime can be very thin. Just grabbing someone's arm or raising your voice could bring an allegation of assault or battery. The degree of injury, even if slight, can determine a jail sentence or not. If you have been arrested call 1-877-903-6683 to speak with an experienced battery defense attorney immediately.
Battery is the crime of touching another person in an unwanted way, regardless of the outcome. Under Florida battery laws, your body is your sacred. Intentionally touching another in any unwanted way can lead to a battery charge, whether it was a simple unwanted touch or contact that leads to great bodily harm, permanent disability or disfigurement. The penalty may increase if you are accused of using a weapon or committing battery against a pregnant woman or a law enforcement officer.
In Florida battery can be charged under battery, aggravated battery, battery of law enforcement officers (including firefighters, emergency medical care providers, public transit employees or agents, or other specified officers), battery on sexually violent predators detention or commitment facility staff, battery on the elderly (someone over 65 years of age), battery by a person who is being detained in a prison or jail, or assault on code inspectors.
These crimes are proscribed under Florida Statute 784. The General crime of battery is found in Florida Statute 784.003 and happens when:
- You actually and intentionally touch or strike another person against the will of the other; or
- Intentionally cause bodily harm to another person.
If you have at least one prior conviction of battery, aggravated battery, or felony battery and you commit an additional battery, the battery is charged as a felony battery which is a third degree felony.
For this determination, a prior battery is considered when there is a conviction of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered
Oftentimes, a simple misunderstanding can lead to allegations of battery. When this is the case, you need a skilled South Florida battery criminal defense attorney on your side.
Depending on the specific circumstances of the case, an assault and battery may be charged as a misdemeanor or a felony. A misdemeanor assault conviction can result in imprisonment for up to 60 days, misdemeanor battery for up to one year. Conviction on felony charges and aggravated assault or battery charges carry longer sentences and heavier fines
It is important to remember, that burden for an arrest in Florida is probable cause. That does NOT mean that you are guilty beyond a reasonable doubt of the charge you were arrested for. Getting a trained battery lawyer on your side must be done fast, as evidence such as videos, witness statements, receipts, and pictures of injury to alleged defendants will disappear as time goes on. If you have been arrested call 1-877-903-6683 to speak with an experienced battery defense attorney immediately.
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