Battery Criminal Battery in Florida
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We are your criminal battery defense attorneys in Florida
In certain cases of battery you may be facing up to 25 years in prison.
We understand the stress and total life upheaval that comes with serious criminal charges because we’re people that have been in your shoes.
We also happen to be criminal aggravated battery defense lawyers in Broward county, Miami Dade County and Palm Beach County.
Our Florida criminal defense attorneys will be there when you need us because we know exactly how you are suffering. Before becoming a lawyer, a partner at our firm was wrongfully charged with racketeering. It was not until three years of stress, worry and sleepless nights that he was exonerated.
When you become our client at our firm, you get a partner’s cell phone number. Not an answering service number, his actual cell phone number.
It’s the same number that his mother uses to reach him.
We are your Criminal Battery Defense Lawyers in Palm Beach, Broward and Miami Dade County.
Simple Battery is also known as “Misdemeanor Battery” in Florida. Under Florida law, the term battery means any actual and intentional touching or striking of another person without that person’s consent or intentionally causing bodily harm to another person.
Where there are no “aggravating factors” the offense does not graduate to aggravated battery. Aggravating factors include weapons, serious bodily injury, knowledge that the victim is pregnant, or domestic violence.
Intent Requirement When You Are Charged with Criminal Battery
A defendant must intend to strike the person, or engage in conduct where he or she knows that a touch or strike is substantially certain to result from his acts. An accidental touching or a touching that is incidental to other conduct not aimed at making contact with another person, is insufficient to establish a battery.
Consent in Mutual Combat
In all Florida prosecutions for battery, touching must occur without the consent of the victim, or “against the person’s will.” Mutual combat as a defense is an attempt to prove that there was consent to “touching” between the parties by their mutual willingness to engage in a “Street Fight.” The issue of consent in a street fight is a question for the jury, examined in light of the surrounding facts and circumstances.
Penalties for Criminal Misdemeanor Battery in Florida
Penalties can include up to a year in jail, or a probationary sentence not to exceed one year.
Whether jail is sought will depend on a number of factors, including the prior criminal record of the accused, the status and preferences of the alleged victim, victim injuries, restitution, and the strength of the prosecution’s case.
Defenses to Misdemeanor Battery
Hopefully this will make you feel a little better, simple battery is one of the most defendable charges in all of Florida criminal law.
There are many defenses that our Florida simple battery criminal defense lawyers will use to contest a charge of simple battery in Florida.
Certainly not nearly an exhaustive list, some of the more common defenses include self-defense, stand your ground law, defense of others, consent or mutual combat, alibis, and lack of intent to touch or strike.
Facts and circumstances surrounding your case will likely dictate additional defenses.
We will zealously defend your freedom and rights to the fullest extent of the law.
We’re changing the way people think about lawyers.
We understand the life-changing worry, aggravation, fear and stress that accompany charges of criminal battery in Florida because we’re people.
We also happen to be Florida battery criminal defense attorneys.
We can help you.
Our Florida criminal battery lawyers serve clients in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal battery arrests and charges in Palm Beach, Broward, Miami Dade County and throughout Florida.
We want to hear your story, and share ours.