Battery crimes in Fort Myers, FL., include all intentional acts of physical violence. The nature and the seriousness of the act can range greatly, and therefore, so do the penalties that the perpetrator will face. A person convicted of an act of battery could be charged with anything from a misdemeanor to a third-degree felony.
If you have been accused of, or have been charged with battery in Fort Myers, FL., you will need legal representation from an experienced criminal defense lawyer. Here at The Law Place, we offer a comprehensive and aggressive defense against the battery charges that you may be facing. For legal advice or for more information, call us now at (941) 444-4444 for a free consultation.
Types of Battery Charges in Fort Myers, FL.
The terms assault and battery often come hand in hand, and many people find it hard to differentiate between the two. Quite simply, an “assault” charge refers to the threat of physical harm, and “battery” charges refer to the infliction of physical harm.
Simple Battery/Misdemeanour Battery
As defined under Florida Statute 784.03, a simple battery charge involves an intended physical action that causes actual bodily harm to another person or any intentional striking or touching of a person against their will. This is classified as a misdemeanor crime.
If you are arrested or charged with a misdemeanor battery, it will show on your record and can be very damaging to your life, career, and reputation. Penalties include up to 364 days in jail, 12 months of probation, a fine of up to $1,000, and expensive court costs.
Aggravated Battery/Felony Battery
Aggravated battery is a far more serious form of physical violence and is classed a felony charge. It is defined under Florida Statute 784.045 as the intentional touching of another person with the intent to inflict serious bodily harm, sometimes with the use of a deadly weapon. Penalties include a mandatory prison sentence of up to 20 years and fines of up to $10,000.
Victims of aggravated battery will have suffered serious harm and may have a permanent disability, permanent disfigurement, or were pregnant at the time of the offense, which is why the penalties are so severe. In order to charge someone with aggravated battery, it must be shown that the physical act was intentional.
If you are facing battery charges in Fort Myers, FL., you should speak with an attorney immediately after being arrested. A battery lawyer from The Law Place can help. Call us now for a free consultation or for more information about how we can help you.
What Common Defenses Are Used in Fort Myers Battery Cases?
The information surrounding each Fort Myers battery case is different, and therefore, the defense that is put forward will always differ, but a criminal defense attorney will always consider the following:
- Who was the victim?
- Who was the aggressor?
- What was the nature of the conflict that led to the assault?
Possible arguments for defense for simple or aggravated battery charges include:
- That it was accidental.
- That it was committed in an act of self-defense or that it was committed in defense of a piece of property or of another person.
- The alleged victim consented to the physical act.
- The victim and the perpetrator were engaged in mutual combat.
- That the perpetrator acted with violence in order to stand their ground.
- That there was no intent to cause physical harm.
- That the object or instrument used was not a “deadly weapon” as defined in the statute.
An experienced Fort Myers battery lawyer will also put forward mitigating factors in your defense. For example, something was happening in your personal life that caused you to act in a way that was completely out of character. They will also look at your criminal background to have your charges dropped or reduced. If it was the first offense, they would argue that this is something that has never happened before and is, therefore, unlikely to happen again.
A battery lawyer from our law firm will devise a legal strategy that offers the best defense and, therefore, the best chance of success in your Fort Myers battery case. Call us now for a free consultation.
When Should You Hire a Lawyer for Your Battery Case in Fort Myers, Florida?
You should hire a lawyer to assist you in your Fort Myers battery case immediately after being arrested or charged. If you have a lawyer on your side from the very start, you can help to improve your chance of having your battery charges reduced or even dropped.
An experienced Fort Myers lawyer from The Law Place will protect your constitutional rights and prevent you from making the common mistakes that defendants make in criminal investigations. People who have been accused of a criminal offense often believe that they can explain their side of the story, but this usually just ends up hurting their defense at a later date.
Remember, law enforcement agencies are skilled in extracting information from suspects and encouraging them to implicate themselves without knowing they are doing so. Criminal investigators are actually allowed to be deceptive and dishonest in their initial conversations with you, and this sometimes leads to unnecessary admissions of guilt.
Our experienced Fort Myers battery attorneys can stop this from happening, so don’t hesitate, call us now for a free consultation!
Fort Myers Battery Lawyer, FAQ
What are the key differences between assault and battery charges in Fort Myers?
In Fort Myers, assault and battery are distinct criminal offenses. Assault typically involves a threat or an attempt to harm someone, creating a fear of imminent violence, while battery involves actual physical contact or harm to another person.
How is a Fort Myers assault charge handled differently from a domestic violence battery charge?
A Fort Myers assault charge is generally treated as a threat of violence, whereas a domestic violence battery charge involves physical harm against a family or household member. Domestic violence battery cases are often more complex due to the relationships involved and may carry additional legal consequences.
What constitutes criminal battery in Fort Myers?
Criminal battery in Fort Myers involves intentionally touching or striking another person against their will or causing bodily harm to them. It is a direct physical act that results in offensive or harmful contact.
What can a battery defense attorney do for someone facing battery charges in Fort Myers?
A battery defense attorney in Fort Myers can provide legal representation, develop a defense strategy, and work to mitigate the charges. They can challenge the evidence, negotiate plea deals, and represent the accused in court proceedings.
What are the consequences of a first degree misdemeanor battery charge in Fort Myers?
A first degree misdemeanor battery charge in Fort Myers carries maximum penalties including up to one year in jail, fines, and probation. The severity of the punishment can vary based on the circumstances of the case and the alleged victim’s injuries.
Why is a free initial consultation important when facing battery charges in Fort Myers?
A free initial consultation with a lawyer is important as it allows individuals facing battery charges in Fort Myers to understand their legal options without a financial commitment. It’s an opportunity to assess the lawyer’s experience and plan a defense strategy.
How are criminal offenses like aggravated assault and battery treated under Fort Myers law?
Criminal offenses such as aggravated assault and battery in Fort Myers are treated seriously and often involve enhanced penalties. Aggravated assault includes using a deadly weapon without intent to kill or with an intent to commit a felony, potentially leading to more severe consequences than simple assault or battery.
How do domestic violence charges impact battery cases in Fort Myers?
Domestic violence charges in Fort Myers can add complexity to battery cases, involving protective orders, mandatory intervention programs, and potential impacts on child custody and divorce proceedings. The relationship between the parties plays a significant role in the legal process.
What is the significance of a first degree misdemeanor charge in a battery case?
A first degree misdemeanor charge in a battery case signifies a serious offense but less severe than a felony. It indicates that the battery did not involve a weapon or serious bodily harm but still carries significant penalties.
What are the maximum penalties for a battery conviction in Fort Myers?
The maximum penalties for a battery conviction in Fort Myers can include jail time, fines, probation, and mandatory participation in violence intervention programs. The exact penalties depend on the nature of the battery charge, such as whether it is simple battery, aggravated battery, or involves domestic violence.
If You Are Facing Battery Charges in Fort Myers, FL., Call The Law Place Now
The Law Place is a prestigious Florida based law firm that covers the county of Fort Myers. We have a team of excellent criminal defense attorneys with the combined experience of 75 years. Whether you are facing misdemeanor or felony charges, we are here for you. We understand how any charges of this nature, no matter how serious, can have a massive impact upon yours and your family’s life. We are available 24 hours a day, 7 days a week.
Don’t face these charges alone. Call us now (941) 444-4444 for a free consultation.