In Florida, battery is a misdemeanor charge. Though misdemeanors carry fewer legal consequences than their felony counterparts, it is still important to seek legal advice as soon as possible after an arrest.
Experienced Jacksonville, Florida criminal defense attorneys aggressively defend their clients’ legal rights to ensure they are treated fairly by the court system.
What is battery?
In Florida, battery encompasses two actions:
- An actual and intentional touching of someone else without that person’s consent, or
- Intentionally causing bodily harm to someone else.
Certain factors, such as using deadly weapons or causing serious injuries, may enhance the charge to aggravated battery.
For battery charges to be upheld in a Florida court, the prosecution must prove that the defendant actually intended to touch or harm the alleged victim. If you were charged with battery but did not intend to hit or injure the victim, your charges may be dismissed. For example, if you were in a crowd and accidentally bumped into someone else, a battery charge should not stand.
In Florida, battery charges may result in a jail sentence of up to one year, up to a $1,000 fine, and up to one year of probation.
Defenses to battery charges
There are several defenses that may be raised against battery charges. These include:
- Self defense
- Lack of intent
- Florida also has a Stand Your Ground Law that can be raised as a pretrial defense in battery cases.
Your attorney will carefully examine the facts of the case and determine which defenses are best.
Do I have to go to trial?
In most cases, criminal charges are resolved without the need for a trial. In the best scenario, your charges are dismissed or reduced. In other situations, it may be wise to accept a plea deal. With your attorney’s legal advice and guidance, you will be able to decide what route is best for you.
In the rare event that you must go to trial, your attorney will thoroughly prepare you and will ensure that a strong defense is presented on your behalf. Though it may seem nerve-wracking, your attorney will make sure that your rights remain protected throughout the legal process.
If you need a Jacksonville, Florida criminal defense attorney, call Robert Corse
At Robert Corse, Attorney at Law, we are experienced in a variety of criminal charges. We take pride in providing an excellent defense to our clients. To schedule a free consultation, call 904-634-1701.