Florida Statute 784.03 defines Battery as an actually and intentional act of touching or striking another person against the will of the other, or intentionally causes 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.
A person also commits Aggravated Battery 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, they must prove that the accused intentionally committed the battery of another. It is not uncommon for an individual who was protecting his or 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.
A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.
When a deadly weapon or firearm is present during the altercation or in your possession after the altercation the subjective nature of the case may be dramatically reduced and may require a different defense strategy which best represents your claim of innocence.
Any form of Battery may be aggressively prosecuted and be considered a violent crime depending on the evidence gathered against you. Violent Felony Crimes are subject to the Three Strikes Law which requires a judge to impose terms ranging from five years to life in state prison depending upon the severity of the crime.
The Law Offices of
John Gillespie: 386.308.1035
Tracey Kagan: 386.337.5445