Florida Statute 784.03 defines Assault as
an actually and
intentional act of touching or striking another
person against the will of the other, or
intentionally causes bodily harm to another
person. Battery is
a misdemeanor of the first degree, which is
punishable
by up to a $1000 fine, twelve (12) months jail
and/or probation.
A variation
of Criminal Battery is Aggravated Battery.
Aggravated Battery occurs when an individual
intentionally or knowingly causes great bodily
harm, permanent disability, or permanent
disfigurement or uses a deadly weapon during the
incident in question.
A person also
commits Aggravated Battery if the victim of the
battery was pregnant at the time of the offense
and the offender knew or should have known that
the victim was pregnant.
Aggravated
Battery is a felony of the second degree, which
is
punishable
by up to a $10,000 fine, fifteen (15) years
prison and/or probation.
Many people
are wrongfully accused and charged with Battery
due to the subjective nature of determining what
the accused intent was.
Advocate Law Firm,
P.A.,
provides you with an experienced Battery Defense attorney (lawyer)
legal representation in Lakeland, Winter Haven, Bartow, Polk
County, Orange County, Osceola County, Hillsborough County, and Highlands County, Florida. We are committed to
protecting the legal rights of each and every client, while
striving to always
provide
the highest standard of legal
representation.
Speak to an experienced and
aggressive Battery Defense attorney today by calling
863.644.5566
or
by using our
online case evaluation form.
Advocate Law Firm,
P.A., is hear to aggressively fight for you
in an effort to help you achieve your legal needs
and goals.
In order for the
prosecution to obtain a conviction for Criminal
Battery, they must prove that the accused
intentionally committed the battery of another.
It is not uncommon for an individual who was
protecting his or herself or protecting another
person to be unjustly charged with battery.
It is also not
uncommon for an individual to be unjustly
arrested and charged for battery due to
unintentionally or accidently causing physical
harm to another. The key to the defense of
battery charges is intent. Under Florida Law,
the absence of proven intent means criminal
battery could not have occurred.
A person who has
one prior conviction for battery, aggravated
battery, or felony battery and who commits any
second or subsequent battery commits a felony of
the third degree,
punishable by up to a $5,000 fine, five (5)
years prison and/or probation.
When a deadly weapon or firearm is present
during the altercation or in your possession
after the altercation the subjective nature of
the case may be dramatically reduced and may
require a different defense strategy which best
represents your claim of innocence.
Any form of Battery may be aggressively
prosecuted and be considered a violent crime
depending on the evidence gathered against you.
Violent Felony Crimes are subject to the Three
Strikes Law
which requires a
judge to impose terms ranging from five years to
life in state prison depending upon the severity
of the crime.
