How To Beat A Battery Charge In Florida

Wednesday, 3 July 2024

Should we depose the victim? In fact, where the allegation is that the touching was against the alleged victim's will, the existence or extent of injury becomes irrelevant. Contradictory statements made by the "victim". The maximum penalty in Florida for a conviction of aggravated assault is a five-year state prison sentence for a third-degree felony. If it is the first offense the battery charge will typically be a misdemeanor of the first degree, punishable by up to a $1, 000 fine, twelve (12) months jail and/or probation. When juveniles are found guilty of assault and battery at a juvenile level, they can face the following penalties: When the circumstances of the arrest are very severe, then it is possible that a child could be tried as an adult for the crimes that they have committed. Of course, you'll want to find a qualified, experienced Fort Lauderdale criminal defense lawyer, and they'll be able to guide you through the more complex aspects of the judicial process. As established before, battery actually implies illegal physical contact. Also, police officers deal with a lot of battery cases and can forget what happened in a particular case. Florida Assault and Battery | Definition & Penalties. 03, can involve one of two actions: - Intentionally touching or striking someone against their will.

How To Beat A Domestic Battery Charge

The object or instrument used during the incident is not considered a "deadly weapon" according to the definition in the Florida statute. There are many potential defenses to a charge of battery, including, - Self-defense. Defending Against Aggravated Assault Charges. The crime of assault is complete only if the threat of violence is immediate. Although each case is different. Proving Aggravated Battery. Thus, under Florida law, a battery can occur not only when there is an unconsented touching of the body, but also where the touching concerns an object "intimately connected" with the body. The similar but separate offense of assault [F. S. § 784. Unless there is a basis for a downward departure, the judge must sentence you to a minimum of 19-36 months in prison if you are convicted of felony battery, and there is a chance that you will face a sentence of the maximum five years. How to beat a battery charge in florida game. Contact the law office of Dean Tsourakis today at 727-785-2700 to schedule an appointment or simply fill out our form Aug 12, 2020. 4 (Aggravated Battery) — Find the exact jury instructions that are given to juries in cases of battery and aggravated battery in Florida. Battery cases often change as time goes by; victims can change their tune and witnesses can move on or fail to cooperate with the prosecutor. In Florida, an aggravated assault is considered a third-degree felony which means that, instead of a sentence in county jail, you can face state prison and steeper fines. First, the prosecution must prove that the defendant intentionally inflicted bodily harm to the alleged victim or struck or touched the alleged victim against her or his will.

How To Beat A Battery Charge In Florida Game

Delay can make it more difficult to prevail in your defense against a charge of battery. So the judge can give you more, but not less than the three-year minimum sentence. Student or other delivering a single poke to the chest. Nevertheless, if considered necessary, a minor can be charged with assault and battery and face the same penalties that an adult would. Florida enhances the penalties for certain types of battery crimes depending on the status of the victim. How to beat a battery charge in florida today. Below, our Fort Lauderdale criminal defense lawyer explains what you need to know about a battery crime in Florida, and what your possible defenses may look like.

How To Beat A Battery Charge In Florida Today

However, you must act quickly in order to build the strongest possible defense. Call (352) 503-4111, email, or complete our online information form. Florida Statutes §784.

Does the elderly person take medications or have other medical conditions that could have caused him to misunderstand the situation. We serve clients in Pinellas, Manatee, and Hillsborough County. One of our attorneys can inform the prosecutor and ask that you be correctly charged. The act of battery does not have to inflict an injury to be a crime. Penalties for Assault & Battery in Florida. The typical plea offer on a Simple Battery could be: Probation, anger management classes, no victim contact, court costs, and even community service. The judge could impose probation as well and order the offender to comply with counseling such as anger management, as well as order the offender to stay and from the victim and have no contact with the victim. Additionally, Florida law presumes that your fear of death or great bodily harm is reasonable if the person attacked you in your home or vehicle. Thus, the penalties can include up to a year in jail, or a probationary sentence not to exceed one year. Fax: (850) 245-9978. If the program is completed and there are no other issues, the charges can be dismissed. Should we send the investigator to question witnesses and figure out what they are going to say? 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. Battery Charges in Florida. "