Police arrested the Defendant for Battery after her ex-boyfriend accused her of physically attacking him in a sports bar. Witnesses gave statements supporting the victim’s allegations.
Battery in Florida
Battery in Florida is classified as a simple misdemeanor in the first-degree. Terms of battery include: (a) any actual or physical striking or touching of another individual that is against the person’s will, and (b) the intentional harm to another person.
Penalties for battery include up to one year of jail time. There could also be a probation period of one year. A $1,000 fine will also be charged.
Defenses for Battery
Battery is a highly defensible charge. There is a lot of defenses that can be used for this, which include the following:
- Touching Incidental to Other Conduct not Aimed at Making Contact
- Other Factors or Motivations Showing Lack of Intent
- Mutual Combat
- Use of Force under Florida’s Stand Your Ground Law
- Accidental Touching
- Defense to others
- Consent (touching was not against alleged victim’s will)
- Defense to property
- Lack of Evidence
- Conflicts in the Evidence
If the crime of battery was committed against certain individuals, the crime will be upgraded from battery, a misdemeanor in the first degree to battery, a felony in the third degree:
- Emergency medical care providers (paramedics, nurses, ambulance drivers, emergency medical technicians, registered nurses, and physicians)
- Law enforcement officers (police officers, sheriffs, correctional officers, probation officers, federal law enforcement officers, fish and wildlife officers)
Felony battery is punishable by up to five years in prison, five years of probation, and a fine of $5,000.
What To Look For in a Battery Lawyer
If you are looking for a battery lawyer, know that all are not created equally. You should look for someone that has confidence in the courtroom but is not arrogant. It is equally important to find someone who will return your contact with effective and clear communication.
You need to find someone who knows their way around the courtroom and has ample experience in whatever you have been charged with. It is also crucial to look for an attorney who has a passion for law. There is a huge difference in an attorney that is passionate about the law and one that is just doing it to get a paycheck.
Musca Law Firm
Musca Law Firm represents cases in all of Florida. We have several offices located in various cities for your convenience. Our phone lines are answered 24 hours a day, 7 days a week. We also offer a free initial consultation.
All of our attorneys are successful at negotiating with the prosecution. None of them have issued with being aggressive in order to have favorable results on your behalf. Please call us today at (888) 484-5057 to set up your consultation. We look forward to hearing from you and serving you.
RESULT: Before the trial date, the Musca Law Defense Attorney demonstrated to the State that the charge against our Client should be dropped. The State agreed and DROPPED the charge!