It is common for people to confuse assault and battery as the same crime. However, these are two different offenses that have separate criminal conviction penalties. In the State of Florida, assault is defined as the threat of violence under Florida Statute § 784.011. According to Florida Statute § 784.03, battery is when a person intentionally strikes or touches another individual against that person’s will. It is also considered battery when a person willfully causes bodily harm to another individual.
Types of Battery Charges
According to Florida law, there are several types of battery charges. These include:
- Misdemeanor battery or simple battery
- Domestic violence battery
- Domestic battery by strangulation
- Felony battery
- Aggravated battery
- Aggravated battery on a pregnant woman
Penalties Associated With Misdemeanor Battery
Conviction of simple battery will result in:
- Up to one year in jail
- Up to one year of probation
- Fines of up to $1,000
The long-term effects of a conviction are devastating. You will have a permanent record as a violent offender. This will affect your ability to pass background checks and obtain employment.
Common Defenses for Battery Charges
There are many possible defenses to battery charges and every case is different. Based on the facts of your particular case, some of the basic defense tactics that can be used include the following:
- Stand your ground
- Mutual combat
- Insufficient intent
- Was a thorough investigation conducted?
It's important to remember that every case is unique and there are a host of factors that can be challenged in regards to circumstances leading up to, during, and after your arrest. A skilled criminal defense attorney can address these factors during pre-trial and trial to deliver the best possible defense.
Experienced Palm Beach Criminal Defense Attorney
If you have been charged with battery, it is extremely important that you hire an experienced and knowledgeable criminal defense lawyer. I have over 10 years of experience representing clients charged with these types of violent offenses in Palm Beach, Broward, and Miami-Dade counties.
I encourage you to contact us immediately upon your arrest. I will review your case and provide you with options for your defense. We are a small firm dedicated to representing individuals in need of criminal defense. I will handle your case from beginning to end and provide you with individual attention and the best possible defense to your charges.