Police Called after Defendant Attacked Victim & Children; Arrested on Battery Charges

No Battery Conviction!

The Charges

Police were called to the scene of a disturbance that had turned physical. The Victim claimed the Defendant attacked her when she tried to leave the location with her children. The Defendant, who had no relation to the Victim, stated to Police that he had an issue with the Victim’s children being out of bed this late at night. The Police documented the marks on the Victim’s face, and took the Defendant into custody on Battery charges.

Battery Charges in Florida

Under Florida law, battery charges are considered a first-degree misdemeanor. Battery is defined as the intentional touching or striking of another person against their will. It can also be defined as the intentional harming of another person. 

Penalties for battery will include up to one year in jail or probation for up to one year. It is ranked as a Level 1 on Florida’s Criminal Punishment Code.  

If you receive a jail sentence, it will depend on a variety of factors. These factors include if you have ever been convicted of a crime, what extent of damage was done to the victim, how strong the prosecution’s case is, what the status of the victim is, what the victim prefers, and how good your criminal defense attorney is. 

Defense of Battery

There are many defenses to battery charges that criminal attorneys use, including the following:

  • Self-defense
  • Defense to others
  • Mutual combat
  • Defense of property
  • Accidental touching
  • Consent
  • Lack of evidence
  • Use of Force

Musca Law Firm

If you have been charged with battery, you will need a skilled professional to help you win your case. At Musca Law Firm, we are able to handle cases like this one. Our criminal defense attorneys will put together the best defense for your case.  

Our firm has over 150 years of collective legal experience. We have extended night and weekend hours, and we use a phone answering system 24 hours a day, 7 days a week for our clients’ convenience. We have numerous offices located in various cities in Florida, such as New Port Richey, Orlando, Clearwater Beach, Fort Lauderdale, Fort Myers, Tampa, Naples, and many more. We are proud to serve the entire state of Florida.

Our attorneys will fight for your rights! We strive to find a favorable outcome for you. Please call us today at (888) 484-5057 to schedule your no-obligation, free case consultation with one of our experienced attorneys. We look forward to hearing from you today! 

RESULT: The Musca Law Defense Attorney subpoenaed witnesses and the Arresting Officer in preparation for trial. The Defense filed a Motion to Take Depositions of all parties involved in the case. The Defense arranged a generous plea deal resulting in a no formal finding of guilt ruling. The Client had since moved out of the state during the pendency of the case, and the Defense drafted a Plea in Absentia for the Client’s convenience. The Client no longer had to return to Florida to deal with the charges. The Client is now eligible to have his records expunged!