Juvenile with Lengthy Criminal History Accused of Domestic Violence Against Mother

Battery Charge: DISMISSED!

The Charges

Police responded to a domestic disturbance between a mother and her son. The woman reported her son acted with physical violence toward her. Police arrested the Defendant and charged him with Battery.


Under the Florida Statutes, Section 784.03, battery is defined as:

  • Any actual and intentional touching or striking of another person against that person’s will (non-consensual), or
  • The intentional cause of bodily harm to another person.
  • Battery Penalties

    The battery in Florida will be charged with a first-degree misdemeanor. Up to one year in jail will be imposed or a probation period that does not exceed one year. A $1,000 fine will also be put into place. 

    Defense of Battery in Florida

    There are many defenses to battery charges, including the following:

    • Self-Defense
    • Defense of Other Individuals
    • Defense of Property Owned by You or Others 
    • Consent (touching not against alleged victim’s will)
    • Mutual Combat
    • Insufficient intent
    • Use of Force under Florida’s Stand Your Ground Law
    • Accidental Touching
    • Touching Incidental to Other Conduct not Aimed at Making Contact
    • Other Factors and Motivations Showing Lack of Intent
    • Lack of Evidence or Conflicts in the Evidence

    Questions To Ask A Battery Attorney

    If you have been charged with battery, you will want to find the best possible attorney to help you with your case. Here are some questions that you may consider asking a potential lawyer to see if they are a good fit for your legal needs:

    • How long have you been practicing criminal law?
    • Can I see your portfolio?
    • How many battery cases have you taken on? How many have you successfully won?
    • Who will all be working on my case? Am I able to meet them?
    • How long do you expect my case to last?
    • Are you a member of the Florida BAR or any other associations?
    • What is your desired outcome of the case? What is the outcome that you are expecting?
    • What are your desired means of communication?  How long does it typically take for you to respond back to clients?

    Any attorney that frowns upon you asking various questions should be eliminated from your search for the best attorney for your case. A lawyer should want to be helpful, want their clients to be well-informed about what to expect from their services, and should understand that it is a very stressful time for you as you face criminal charges. 

    Musca Law Firm

    Musca Law Firm is located in Florida with several offices located in various cities such as Orlando, Fort Lauderdale, Naples, Sarasota, Orlando, New Port Richey, and many other cities across the state. Our number one goal is to provide you with a professional service that is personalized for you. 

    The attorneys at our law firm will develop a defense that is strong and strategic for your case. We will expose the weaknesses of the prosecution. Our aim is to find a solution that is favorable for you while trying to have your charges reduced or completely dropped. 

    Please call us today at (888) 484-5057 for a free initial case consultation. Our phone lines are open 24 hours a day, 7 days per week. We look forward to hearing from you! 

    RESULT: After firm negotiations, the State DISMISSED the charge!