Defendant strikes Alleged Victim and leaves a red mark on her face. Should we depose the victim? Criminal Battery charges may be associated with other types of criminal offenses, depending upon the evidence collected against you, such as: - Stalking. Harming a person to intentionally cause them bodily harm is also considered battery. A person could be facing many years in prison and very high fines. An Overview of Florida Assault and Battery Charges. Understanding How to Beat Aggravated Assault in Florida. 03 is taken seriously by prosecutors. The prosecutor will learn a police officer's version of what happened when deciding whether to pursue charges, but it can affect a prosecutor's decision about whether to pursue charges to hear your side of the story early in the process as well. The sentences associated with these charges include up to 30 years of imprisonment and a maximum fine of $10, 000. Finding the best criminal defense attorney in Palm Beach County, for your case, is difficult.
This happens many times even where the battery charge is the defendant's first ever criminal charge. At The Law Office of Jody L. Fisher, my team of experienced criminal defense professionals is ready to aggressively defend you. 3d 828, 831 (Fla. 4th DCA 2013) (citing S. D. State, 882 So. Level 1 incidents are generally violent offenses. A conviction for a second-degree felony carries up to 15 years in prison. How to beat a battery charge in florida 2021. The consequences of a conviction of aggravated battery or aggravated battery with a deadly weapon in Florida are severe and long-lasting. The act of battery does not have to inflict an injury to be a crime.
On the other hand, a person commits aggravated battery if during the offense he or she used a deadly weapon, battered a pregnant woman or caused great bodily harm intentionally. Preparing a good defense means spending time with the client, not only talking about what happened that led to the arrest, but also learning general information about the client (such as hardships they have endured in life) that can be used later in negotiations with the prosecutor. I'm glad I mate you. Florida Statutes, Title XLVI, Chapter 784, § 784. Additional Resources. Below, our Fort Lauderdale criminal defense lawyer explains what you need to know about a battery crime in Florida, and what your possible defenses may look like. Battery touch or strike charge in florida. This issue frequently arises in cases where two people engage in a fight, or "mutual combat. " We know that having a child get arrested is one of the most stressful things a parent can go through, and we want to ensure that the child learns from their mistakes, however we fight the State vigorously to protect them from receiving charges on their permanent records which could damage their professional and personal goals in life. You knowingly caused serious bodily injury, disfigurement or a permanent disability to the person who pressed charges against you. If a student is arrested for battery, should the incident be reported as SESIR Aggravated Battery? One defense is that the defendant did not know that the victim was pregnant because of clothing or she was early in the pregnancy.
Assault or battery of an individual 65 years or older, health care personnel, detention staff, law enforcement, code inspectors, or other public or government officials. Defense of Others/Property. Get the Goldman Wetzel criminal defense attorneys on your side and fight for your rights. 4 define aggravated battery as: - Battery committed while using a deadly weapon; or. The facts surrounding the case determine what types of defenses are used. Penalties include jail time and fines. Facing assault and battery in Florida is an overwhelming experience that can result in a conviction if you do not have a strong defense. How to Beat Aggravated Assault in Florida. Both of these crimes get taken to the "next level" when a deadly weapon is used. 041; - Domestic Violence Battery, Florida Statute 741. There may be a lack of corroborating evidence (lack of independent witnesses, lack of injuries, etc). If you throw a potted plant against a wall, that could be considered an aggravated assault. Restitution to victim Aggravated Battery on a Person 65 Years of Age or Older. You'll need to talk to an experienced Florida criminal defense lawyer right away if you find yourself in these dire circumstances.
Threatening to use an object to hurt another person. We are on your side. Battery is one of the most defendable charges in all of criminal law. For a behavior to be reported to SESIR it must meet the incident definition in the SESIR Definitions and Guidelines document. Our Fort Lauderdale juvenile criminal defense attorneys at The Ansara Law Firm have handled hundreds of assault and battery cases in both adult and juvenile courts. Are you being charged, in Palm Beach County, Florida, with Assault or Battery on a person over 65 years of age? If any individual commits any of these crimes on an elderly person, 65 years and up, then the crime is reclassified into a more severe punishment. How to beat a battery charge in florida without. In Florida, an assault is defined as a physical or verbal threat to harm a person, coupled with the ability to carry out that threat. The opposite of Mutual Combat occurs when a defendant defends him/herself against the attack of another.
You can depend on us to fight hard to try to get the charges dropped or your sentence reduced. It is well-documented that Florida is a "Stand Your Ground" state. In Florida, assaults are considered second-degree misdemeanors. We will discuss each part of the offense separately. Depositions in a criminal case is where the defense attorney questions the witnesses, under oath, in the presence of the state attorney. Contact Florida Defense Team, by calling 407-800-2000 or use our online case submission form to schedule a confidential legal consultation. Florida Statutes §784. Negotiating with the prosecutor for a favorable punishment is one of the most effective defense tactics. Aggravated Battery in Florida: What You Need to Know. You can also argue self-defense against the assault and battery charge if you were defending someone else. The most common defenses are self defense, lack of intent, or that the assault or battery never took place.
Penalties for Assault & Battery in Florida. A conditional threat communicates an intention to commit a violent crime at some unknown or unspecified time in the future. Using Self-Defense Against an Assault and Battery Charge. The criminal history of the "victim". I'm so grateful to you so much for helping me. There are a number of defenses that a criminal defense attorney in Clearwater can use in a case of aggravated battery. Contact Hubbs Law Firm at (305) 570-4802 today to schedule an appointment with our knowledgeable attorneys.
We serve clients in Pinellas, Manatee, and Hillsborough County. Note: Battery is a "Violent Incident" and is required to be reported in the related element "Injury-Related" as more serious injury. Should we send the investigator to question witnesses and figure out what they are going to say? Assault and battery are violent crimes that arise in various circumstances. Depending on what occurred during the offense, if the defendant is convicted, the penalties can be greater. One strategy is the "conditional threat defense. " You acted in self-defense. The first thing that should be said is that not all cases are necessarily beatable, although many are. Since an element of battery is that the contact be non-consensual, consent to the contact is an obvious defense.
The intentional touching against another person's will is sufficient. Some of the most common battery cases that the Goldman Wetzel criminal attorneys handle include: Aggravated Assault and Aggravated Battery in Florida. If, for instance, you cause great bodily harm to someone or leave them disabled or disfigured, you will likely face felony battery charges. Student or other striking back when hit by an aggressor and becoming engaged in a fight with the aggressor (refer to Fighting code as a possible SESIR code). Additionally, Florida reclassifies certain battery crimes depending on the status of the victim. There will also be fact specific defenses unique to your case. Florida Supreme Court Standard Jury Instructions for Criminal Cases 8.
C. B. v. State, 810 So. For your interaction to qualify as battery, your touch must be "intentional. You were defending someone else. By engaging in a fight, the law treats each person as having consented to whatever injuries or touches/strikes he or she receives from any other person. However, you must act quickly in order to build the strongest possible defense.
There are often good options to beat the case and dismissed entirely, or get charges reduced. He understands the special issues that arise during these trials and now uses that knowledge to defend the accused. Florida law classifies this offense as a second-degree felony which leads to a maximum sentence of 15 years imprisonment and a fine of $10, 000. 03 establishes that a person commits battery if he or she touches or strikes another person without their consent. Proving Aggravated Battery. At that point, the individual does not need to wait to get hit first and then hit back. A judge cannot withhold adjudication or suspend the sentence on any of the four offenses listed above. Where the evidence is sufficient, the prosecution often elects to proceed with cases against the alleged victim's wishes.
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