Officers were called to the scene of a party after the defendant attempted to jump the victim. It was a case of mistaken identity when the suspect and others surrounded the victim and stole her cell phone. The victim attempted to escape when a truck attempted to run her over. The cops were called and the suspect fled. Officers later caught up to the perpetrator and arrested her on battery charges.
Battery in Florida
Battery in Florida is described as intentional touching or striking an individual against their will. There is also intentional harm that may be done to that person. This is a first-degree misdemeanor unless the victim is labeled as a “Special Person.” Penalties for battery in the first-degree include up to one year in jail, one-year probation, and a fine of $1,000.
Special persons include but are not limited to the following persons: law enforcement officers, security officers, public transport employees, emergency medical care providers, individuals over the age of 65, school employees, sports officials, etc.
Restitution may also need to be paid to the victim. Restitution is defined as any expenses that the victim has as a direct result of the battery. These would include medical bills and counseling.
A judge will look at the defendant’s past criminal history in order to determine if jail time is needed. The judge will also review if there are any injuries on the victim, if there is restitution that needs to be paid, how strong the prosecution’s case is, if the defendant is represented by an attorney, and what are the preferences of the victim.
Defenses to Battery in Florida
There are many effective defenses to battery that an attorney can assist you with. These include:
- Defense of others
- Mutual combat
- Lack of evidence
- Accidental touching
- Stand your ground
- Touching incidental to other contact that was not aimed at making contact
- Lack of intent
- Defense to property
Retaining Musca Law’s Services
If you have been charged with battery, you will need legal representation. A battery charge on your criminal record can affect you for the rest of your life. Not only will you have a reputation of battering someone, but if the battery is charged as a felony (depending on the circumstances of the case), you will lose your right to vote or hold any public office. Additionally, your criminal record may make it difficult to obtain employment or have landlords rent to you. There are some cases where individuals have lost their professional licenses due to criminal felony charges. Future criminal charges could carry enhanced penalties due to the client already having a criminal record.
If you or a loved one is facing a criminal charge, consider calling Musca Law for representation. We serve the entire state of Florida and can successfully negotiate with the prosecution to have charges lowered or even dropped. Our lawyers have over 150-years of combined experience, and we have effectively supported many clients to navigate difficult legal situations. We offer a free, no-obligation initial case consultation for new clients, so don’t hesitate to call us today to see how we can best serve you!
RESULT: The attorney rigorously prepared the case for trial. The State attempted to continue the case, but the defense argued against it. The defense prevailed and all of the charges against the client were DROPPED!