Officers arrested a defendant for felony witness tampering after allegedly threatening a victim whom her husband was accused of battering. The defendant was accused of telling the victim that if they went through with pressing charges on her husband then she would make their lives hell.
Battery in Florida
Battery is defined as intentional striking or touching of an individual without their consent to do so. Based on this definition, simple battery can be conducted by grabbing onto another person’s arm or tossing an object at another person as long as it hits them.
If any of the following occur during the battery, the charge will be upgraded:
- An emergency medical care individual is battered during their shift of working. This includes paramedics, drivers, physicians, registered nurses, and emergency medical technicians.
- Any law enforcement officers battered while working. This includes police officers, correctional officers, probation officers, and fish and wildlife officers.
- Any firefighter that is working to put out a fire or is on a shift.
Battery in Florida is considered a first-degree misdemeanor, sometimes referred to as a simple misdemeanor. The penalties for battery include up to one year in jail, 12 months of probation, and a fine of $1,000. First-time offenders will often be required to serve jail time or receive probation. Jail time will depend on a number of different aspects, such as if there have been prior offenses, the status of the victim, if the victim sustained any injuries, if there is a need to seek restitution, and how strong the state’s case is against the defendant.
Attorneys have many different defenses that can be used to contend with a battery charge. If a defense does not work for a specific case, the attorney will have to enter negotiations with the prosecution. Defenses that are often used include:
- Mutual combat
- Lack of evidence
- Factors showing lack of intent
- Defense of other individuals
- Defense of property
- Accidental touching
- Use of force (under the state’s Stand Your Ground)
- Touching was incidental to other conduct that was not aimed at making contact
If you have been charged with battery, you will need legal representation to assist you in your case. Consider calling Musca Law to serve as your legal representatives. We have over 150-years of combined legal experience amongst our team of attorneys, with specific experience in battery cases. We are ready to fight for your legal rights, as well as negotiate with the prosecution on your behalf. We serve the entire state of Florida, with numerous offices in various cities throughout the state for our clients’ geographical convenience. We answer our phone lines 24/7 and offer a free initial case consultation. Call us today to schedule an appointment with one of our experienced attorneys!
RESULT: The defense successfully argued that the battery case involving the suspect’s husband had since been resolved, no repeated threats or contact had been made with the victim, and the alleged victim had been known to file false police reports. Through this strategic line of defense, the attorney successfully proved that the State’s case lacked evidence, and so no charges were ever filed.