Battery is, unfortunately, a common crime that happens almost every day in Clearwater, FL. Oftentimes, the prosecution doesn’t have all the facts of the case right, and defendants are charged for a misdemeanor or felony battery that never actually occurred. Sometimes, defendants did not intend to harm anyone and touched or struck another person purely accidentally.
Under Florida law, proof of intent is required as part of the burden of proof the prosecution must meet. If you did not intend to cause harm, then a battery case has the potential to be dismissed. Even if your actions resulted in personal injury, you might have defensive recourse in a criminal trial.
If you have been charged with a misdemeanor or felony battery, The Law Place is here to defend you. Every case is unique, and our qualified investigators will examine all the details of the incident to build the best defensive strategy possible. Our law firm has the combined experience of 75 years dealing with battery cases all over Florida, so you can rest easy knowing your case is in exceptional hands. We offer a free consultation with a criminal defense lawyer so you can know all the options available to you with no obligation.
Contact us today at (941) 444-4444.
In This Article
- What is Battery in Clearwater, FL?
- What Are the Penalties for Battery in Clearwater, FL?
- What Is the Difference Between Assault and Battery Under Florida Law?
- Can I Be Sued for Battery in Clearwater, FL?
- What Are the Possible Defenses Against a Battery Charge in Clearwater?
- Contact The Law Place Clearwater, FL., Criminal Battery Law Firm Today!
What is Battery in Clearwater, FL?
Florida Statute 784.03 defines battery as intentionally touching or striking a person against their will or intentionally causing harm to another person. The keyword here is “intentional.” If your actions against another person were unintentional, you could argue that you do not deserve to be charged with battery.
For a free legal consultation with a battery lawyer serving Clearwater, call 941-444-4444
What Are the Penalties for Battery in Clearwater, FL?
First-time battery offenses are charged as first-degree misdemeanors in most cases. The penalties for this type of crime are listed under Florida Statute 775.082 and Florida Statute 775.083 as follows:
- Up to 12 months in jail.
- Up to 12 months of probation.
- Up to $1,000 in fines.
However, if you have a previous battery conviction on your criminal record, the prosecution can charge you with a felony in the third degree for any subsequent battery charges. Also, if an individual commits battery and causes great bodily harm, permanent disability, or permanent disfigurement, the offense can be similarly upgraded to felony charges.
The penalties for a third-degree felony are as follows:
- Up to 5 years in prison.
- Up to 5 years of probation.
- Up to $5,000 in fines.
- The permanent addition of the conviction to your criminal record.
A third-degree felony charge of battery also applies to many forms of domestic violence. Specifically, Florida Statute 784.041 lists the crime of domestic battery by strangulation as an automatic third-degree felony. This pertains to the intentional restriction of airways of a member of the individual’s household or romantic relationship with the potential to cause great bodily harm.
Whether you have been charged with a misdemeanor or felony battery, you need a qualified criminal defense attorney to lead your defense. Call The Law Place to schedule a free legal consultation to discuss your options and how we can help you through a criminal trial.
Clearwater Battery Lawyer Near Me 941-444-4444
What Is the Difference Between Assault and Battery Under Florida Law?
Although often associated together, assault and battery are two separate crimes under Florida law. The key legal difference is that assault requires the victim to be fearful of their assailant. Battery does not have this requirement, only an intention to cause harm.
For example, someone hits another person from behind, causing them to trip and fall. This would be considered battery because the victim was not aware that the person intended to hit them.
If someone is accosted by a mugger on the street and beaten, this can be classified as assault and battery. The victim clearly knew they were in danger and was fearful of their assailant.
Can I Be Sued for Battery in Clearwater, FL?
Yes, you can be sued for battery in Clearwater. If your battery caused the victim serious personal injury, they could sue you for damages in civil court. These would cover the economic costs of their injury like their medical bills or any expenses they may have had as a result and the noneconomic damages like pain and suffering that cover the mental or physical anguish they endured.
The Law Place has experience in both criminal and civil court cases. We will prepare for the event of a civil court case as well as preparing for a criminal trial. Contact us today to find out how we can strategize for your defense on all fronts.
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What Are the Possible Defenses Against a Battery Charge in Clearwater?
A qualified Clearwater criminal defense attorney can defend against battery charges in several ways, including but not limited to:
- The alleged victim consented to be touched or struck.
- You and the alleged victim were mutually engaged in combat with each other.
- The alleged battery was accidental.
- There is evidence that you did not touch the alleged victim.
- There is a lack of evidence that you touched the alleged victim.
- There is a lack of evidence of intent.
- The touching occurred but was dependent on other circumstances.
- You were acting in self-defense.
- You were coming to the defense of another person.
- You were defending your property.
Contact a qualified Clearwater criminal defense lawyer today if you have any concerns about how your case can be defended. The Law Place is here to guide you through the confusion of a misdemeanor or felony battery charge.
Contact The Law Place Clearwater, FL., Criminal Battery Law Firm Today!
Have you been arrested and charged with a misdemeanor or felony battery? Are you afraid you may be sentenced to time in jail?
Contact The Law Place immediately to get legal advice before it’s too late. Our criminal defense law firm has the combined experience of 75 years representing defendants of battery and assault just like you. We offer a free consultation with a qualified lawyer who will examine the details of your case and offer a realistic expectation of what our legal aid can offer you.
Our phone lines are open 24 hours a day, 7 days per week, and our representatives are waiting to hear from you.
Contact The Law Place Clearwater office today at (941) 444-4444.