Florida Statute 784.03 defines Battery as an actual and intentional act of touching or striking another person against the will of the other, or intentionally causing bodily harm to another person. Battery is a misdemeanor of the first degree, which is punishable by up to a $1000 fine, twelve (12) months jail and/or probation.
A variation of Criminal Battery is Aggravated Battery. Aggravated Battery occurs when an individual intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement or uses a deadly weapon during the incident in question.
Aggravated Battery may be charged if the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
Aggravated Battery is a felony of the second degree, which is punishable by up to a $10,000 fine, fifteen (15) years prison and/or probation.
Many people are wrongfully accused and charged with Battery due to the subjective nature of determining what the accused intent was.
In order for the prosecution to obtain a conviction for Criminal Battery, it must prove that the accused intentionally committed the battery of another. It is not uncommon for an individual who was protecting him/herself, or protecting another person, to be unjustly charged with battery.
It is also not uncommon for an individual to be unjustly arrested and charged for battery due to unintentionally or accidently causing physical harm to another. The key to the defense of battery charges is intent. Under Florida Law, the absence of proven intent means criminal battery could not have occurred.
When charged with a Battery or Aggravated Battery Crime it is important to be made fully aware of your legal rights, defense strategies, and to have aggressive, detailed, and dedicated criminal defense legal representation in your corner. Hiring an experienced legal counsel may provide you the best opportunity to achieve your desired outcome or a fair and reasonable resolution.
As your legal counsel, we will thoroughly review the evidence against you, witness statements, police reports and any other relevant factors, such as the circumstances of your arrest and the actions of law enforcement officers. If there are areas to provide reasonable doubt, our goal is to find and present them to the prosecutor, judge and/or jury.
If you have been arrested and charged with a battery crime, seek the legal advice and representation of an experienced battery defense attorney. At The Law Offices of Peter A. Shapiro & Jonathan D. Wilson, you will work with an experienced lawyer who is dedicated to protecting the rights of individuals charged with criminal battery or any other additional criminal charges throughout the Central Florida area and its surrounding counties.
Call 407.420.1044 to discuss your legal rights, options, and potential battery crime defense strategies. You may also contact us by filling out our online case evaluation form.