In Punta Gorda and all throughout Florida, battery is regarded as a serious crime that can result in either a felony or misdemeanor charge. A person may be charged with the crime of battery if they have caused harm or offense to another individual without their consent through physical contact or violence. If you are convicted of committing battery in Punta Gorda, you may face harsh penalties. Depending on the particular facts of your case and whether you have been convicted of a felony or a misdemeanor, the penalty you may face will vary.
If you have been charged with the crime of battery in Punta Gorda, FL., it is important that you seek the assistance of a criminal defense attorney. Here at The Law Place, we will offer you a free consultation with one of our experienced criminal defense lawyers who can assess your case and give you honest legal advice. Our law firm has over 75 years of combined experience in multiple practice areas, including criminal battery charges. Whether you have a felony or a misdemeanor battery charge brought against you, our team of lawyers can build a strong criminal defense on your behalf to reduce your penalty or get the charge abolished completely.
In order to get the assistance you need to defend your battery case in Punta Gorda, FL., contact us today for your free consultation at (941) 444-4444. Our lines are open 24 hours, 7 days a week, for your convenience.
In This Article
- What Is Battery?
- Florida Assault and Battery Laws
- Different Battery and Assault Charges in Punta Gorda, FL.
- Penalties Associated With Battery in Punta Gorda, Florida
- Common Defenses for Battery Charges in Punta Gorda, FL.
- Contact The Law Place Today
What Is Battery?
Florida Statute 784.03 makes battery a crime in Punta Gorda and all throughout Florida. This law states that the crime of battery occurs where it can be shown that either:
- A person has intentionally struck or hit another individual without their consent.
- A person intentionally caused harm to another individual.
If you have been charged with battery for the first time, it is likely that you will be charged with a misdemeanor. However, if you have been convicted of battery previously, including aggravated battery or felony battery, you will be charged with a third-degree felony. A third-degree felony carries with it the potential for a lengthy prison sentence and large fines.
Florida Assault and Battery Laws
It is important to note that assault and battery are two separate crimes under Florida law. Florida Statute 784.011 defines an assault as an intentional and unlawful threat of violence, either by words or through actions, which creates imminent fear for the other person. It is necessary to show that the person committing the assault had an apparent ability to carry out the threat.
The crime of assault is different from battery in that assault focuses on the threat of harm, whereas battery involves the actual physical contact or violence on another person, which is harmful. The key difference between these crimes is that battery does not require the victim to feel threatened. In order to be convicted of battery, it only needs to be shown that you harmed another person and intended to do so.
In some instances, you could face charges for both assault and battery for the same event as the two crimes are similar in nature. This is why having the assistance of an attorney in Punta Gorda, FL. is essential. At The Law Place, our criminal defense attorneys are experienced in dealing with both assault and battery charges, and we can build a strong defense on your behalf.
Different Battery and Assault Charges in Punta Gorda, FL.
Whether you have been charged with assault or battery in Punta Gorda, you may face either a felony or a misdemeanor charge. Some of the charges you may face include:
- Simple battery – If you intentionally inflict harm on another person, usually in the form of physical violence, you can be charged with simple battery. A charge of battery usually results in a misdemeanor charge, depending on whether you’ve been convicted of this before.
- Aggravated battery – This charge is more serious than a simple battery charge. An aggravated battery charge usually arises when a person intentionally inflicts serious harm or violence on another individual or uses a deadly weapon. This can also include instances of domestic violence or when a person inflicts violence on a person who they knew was pregnant.
- Sexual battery – This is more commonly known as rape. This charge arises when an individual engages or compels another person to engage in intercourse without their consent.
- Simple assault – If you threaten a person with violence, whether through words or through actions, you can be charged with assault. A felony charge can sometimes arise if you threaten a public servant or a police officer.
- Aggravated assault – When a person threatens another individual using a weapon or makes a more serious threat, they can be charged with aggravated assault. Aggravated assault carries with it the potential for a third-degree felony conviction.
Penalties Associated With Battery in Punta Gorda, Florida
As there are many different types of battery crime in Florida, the penalties you face can vary. If you have been charged with battery for the first time and did not engage in serious or domestic violence, it is likely that you will face a misdemeanor battery charge. If you are convicted of a misdemeanor for battery, you could be looking at:
- Incarceration in a Florida jail for up to 12 months.
- A fine of up to $1,000.
- A twelve-month period of probation.
If your battery charge is more severe and you have engaged in serious violence, including domestic violence, you may be facing a felony charge. A felony charge usually arises in cases of aggravated battery, where a person has used a deadly weapon such as a firearm or a knife, has committed sexual battery, or has inflicted serious violence on another person. If you are convicted of a felony in Punta Gorda for aggravated battery, the penalties could include:
- A fine of up to $10,000.
- Imprisonment for up to 20 years.
If you have been charged with battery, whether it is a felony or a misdemeanor charge, you could face serious consequences. It is vital that you seek the assistance of an experienced Punta Gorda criminal defense attorney. Here at The Law Place, we want to help you fight any charges that have been brought against you. One of our skilled lawyers can make a strong defense on your behalf to either reduce or eliminate any punishment you may face. We know that battling these serious charges is extremely stressful as a conviction may impact the rest of your life, and this is why we want to assist you.
Common Defenses for Battery Charges in Punta Gorda, FL.
There are numerous defenses that can be used for battery charges in Punta Gorda. In order to get the charges against you dropped, it is necessary that you have a substantial legal defense. At our law firm, we have experience in building strong defenses for our clients against battery charges. Some of these defenses include:
- The individual lacked intent when committing the crime.
- The alleged crime was an accident.
- The individual committed battery as an act of self-defense.
- The victim of the battery had given consent.
- There is not enough substantial evidence to convict the accused.
- The two parties were engaged in mutual combat.
- The alleged battery was done in defense of an individual’s property.
- Where a weapon was used, the weapon cannot be classed as a dangerous or deadly weapon.
In order to provide a substantial defense for your battery charges, it is important that we know all the facts of your case. Depending on what has actually transpired, there may be a number of different defenses we can use to fight your charge. If you call our law firm for a free consultation, we can assess your situation and build a defense that is particular to the facts of your case.
Contact The Law Place Today
Here at The Law Place, we know that battling such serious criminal charges can be quite distressing. When there is a possibility of spending a long time in prison or having to pay massive fines, the situation can be even more stressful. Adding to this, being convicted of a felony can impact the rest of your life. You may struggle to find work, get a mortgage, or access education. Criminal charges of this nature are not something to take lightly.
If you or someone you know is facing battery charges in Punta Gorda, contact us at The Law Place today. We have a large team of criminal defense lawyers who are skilled in managing cases like yours. We offer a free consultation with a Punta Gorda criminal defense attorney from our firm who will assess your case and determine what the best defense strategy is. If you decide that we are the right legal representatives for you, our trial lawyers will build a strong and convincing defense which we will use to reduce or eliminate any potential penalties you may face. Our firm has a strong attorney-client relationship, and we guarantee confidentiality every step of the way. It is important to us that you receive the best possible assistance for fighting your criminal charges in Punta Gorda.
Call us today for your free consultation with an experienced defense attorney at (941) 444-4444. Our phone lines remain open 24 hours a day, 7 days a week, to fit in with your schedule.