Post Views: 247

What is Battery? 

According to Florida Statutes Section 784.03, ‘battery’ is defined as the actual and intentional touching or striking of another person against that person’s will (non-consensual), or the intentional causing of bodily harm to another person. A battery charge can happen abruptly and unexpectedly, causing shock and panic in your life. If you have been charged with a battery charge, it is crucial that you immediately contact an experienced Battery Defense Attorney. Although each case is unique to the individual, hiring an attorney is paramount, especially as these types of charges can affect future employment, immigration status, and even your development personally.

Is a Battery Charge a Misdemeanor or a Felony? 

In Florida, a battery charge is a criminal charge and therefore it can be both a misdemeanor or a felony charge, depending on circumstances surrounding an individuals’ case. For example, in the instance that a weapon, domestic violence, or serious bodily injury has been involved, the battery charge will be considered a felony.

Types of Battery Charges in Florida 

While battery charges vary among states, Florida recognized three types of ‘battery’. These types of battery include:

  • Simple Battery: When there are no aggravating factors or enhancements at play (such as the use of a weapon, serious bodily injury, or domestic violence) the offense is known as “simple battery” or “misdemeanor battery.” Simple battery is the least serious type, punishable by a fine of up to $1,000 and up to one year in jail. It is also the only form of battery charged as a misdemeanor.
  • Felony Battery: This type of battery is a third-degree felony and occurs when there are aggravating factors or enhancements at play, or if you have been previously convicted of a battery charge. Felony battery is punishable by a fine of up to $5,000 and up to five years in prison.
  • Aggravated Battery: This type of battery is a second-degree felony and it is considered the most serious form of battery as it typically involves a deadly weapon and serious injury or death. Aggravated battery is punishable by a fine of up to $10,000 and 15 years in prison.

Although simple battery is only a misdemeanor charge, you now understand that a battery charge can become a felony charge depending on the circumstances. It is no secret that battery charges can greatly affect the rest of your life in many ways.

Battery Defenses

If you are facing a battery charge, there are several defenses that you may use. If another individual hits you first, you can make a self-defense claim stating that you hit the person because they initiated the physical assault. You may also claim that you were defending another individual or property. For example, if you hit a person who was attempting to kill your cat, you may have your charges dropped. There is an unlimited amount of reasons as to why an individual may be facing a battery charge. Trying to remember all the details and defenses can become overwhelming if you are not a professional, which is why we stress the significant importance of hiring an experienced battery defense attorney. An experienced attorney not only knows the laws but can also quickly think on their feet to make your case a success.

Rivera Law Can Help! 

Battery cases are some of the most difficult cases as it is usually one person’s word against another and our office has seen individuals unjustly charged for these types of crimes; therefore, we are here to help you! Contact Rivera Law at 561-651-9322 for a consultation with an experienced battery defense attorney today.