If you have been charged with battery then you may have a defense. Self-defense and consent are both defenses that are oftentimes presented when fighting a battery case. You can also be granted immunity and have your case dismissed after a stand your ground hearing under Florida Statute 776.013. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about how to beat your battery case in Florida, contact Matthew Williams now for a free consultation.
These are the different types of battery crimes you can be charged within Florida:
- Misdemeanor battery/simple battery
- Domestic battery
- Battery by strangulation
- Domestic battery by strangulation
- Felony battery
- Aggravated battery
- Aggravated battery on a pregnant victim
In Florida, misdemeanor battery is defined under Florida Statute 784.03: A person commits a misdemeanor battery when they either:
- Intentionally touch or strike another person against their will; or
- Intentionally cause bodily harm to another person
*the alleged victim does not have to have any injuries for the state to prove misdemeanor battery occurred.
Simple battery is a first-degree misdemeanor, meaning it is punishable by up to one year in jail, or up to one year of probation and up to $1,000 in fines (you can also get a jail sentence followed by probation, but the total length of the punishment cannot exceed one year). In addition to facing jail time, if you are adjudicated guilty of battery then you will never be able to remove the conviction from your permanent record.
It’s important to note that Battery is an enhanceable offense, meaning if you are convicted of battery more than once, then your misdemeanor battery charge can be enhanced to a third-degree felony. Battery can also be enhanced to a third-degree felony if the alleged victim was engaged in the lawful performance of their duty when they were battered and they were one of the following:
- Emergency Medical Care Provider (ambulance drivers, emergency medical technicians, paramedics, registered nurses and physicians).
- Law Enforcement Officer (all law enforcement officers including correctional officers, probation officers, federal law enforcement officers, and FWC Officers).
Criminal convictions, especially convictions for battery-related charges, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with battery in Florida and they need effective representation, then contact Matthew Williams now for a free consultation.