According to Florida Statute 784.03, battery occurs when someone intentionally causes bodily harm to another person or touches or strikes another person against their will.
Charges brought against those that commit battery crimes vary greatly. Depending on the circumstances and damage caused, you will be penalized with a serious fine, a permanent mark on your record, and you could even be facing jail time.
If you or a loved one has been accused of battery in Sarasota, then we highly recommend that you seek legal advice from a Sarasota criminal defense lawyer. At The Law Place, our team of attorneys has over 75 years of collective experience in dealing with assault and battery cases like yours.
Our phone lines are open 24 hours a day, 7 days a week, so an experienced criminal defense attorney can be on hand whenever you need it. Arrange a free consultation today.
Florida Assault Battery Laws
Although assault and battery crimes are often related and discussed collectively, under Florida law, the two crimes are, in fact, separate. In general, assault refers to a threat by word or action that causes a person to feel afraid of imminent violence. However, battery is the actual offensive physical contact, such as hitting or punching someone.
The key legal difference between assault and battery laws is that assault requires the victim to feel threatened and fearful of their assailant, whereas battery does not have this requirement, only the intention to cause harm.
Unlike battery, an assault can occur even if no physical contact is made. Therefore, someone may face both charges for the same incident, even though assault and battery are different crimes. Furthermore, even if someone believes they are acting in self-defense, they may still face charges.
What Penalties Are Associated With Battery in Sarasota?
In most cases, if you are charged with committing a simple battery crime in Sarasota, you will face a first-degree misdemeanor. If you are found guilty, then you could face the following penalties:
- Up to twelve months of probation.
- Up to twelve months in a Florida county jail.
- A fine of up to $1000.
The severity of your punishments will vary greatly depending on a variety of circumstances. These circumstances may include whether this is your first offense or if you have a prior criminal record and the extend of the victim’s injuries. For example, a battery charge could be reclassified to a third degree felony if it is a subsequent offense, which is punishable by up to five years in prison.
Penalties for Aggravated Battery in Sarasota
Under Florida Statute 784.045, aggravated battery is defined as intentionally or knowingly causing bodily harm, permanent disability or disfigurement, or the use of a deadly weapon. A deadly weapon is usually an object, instrument, or substance that is either inherently dangerous, such as a knife or firearm, or an object that is not inherently dangerous but is intended to be used in a way that can cause great bodily harm or even death.
Aggravated battery is a far more serious crime and is classified as a felony. As a result, the penalties are likely to be far more severe and can include the following:
- Up to 20 years in prison.
- A fine of up to $10,000.
The strength of your case and representation by a Sarasota criminal defense lawyer may greatly increase your chances of minimizing penalties. Here at The Law Place, we highly recommend you seek legal advice as soon as possible. Our team of experienced battery attorneys are here to help you with your claim and will work to support you in any way we can.
Domestic Violence: A Closer Look with a Sarasota Battery Lawyer
Domestic violence is a pressing concern that takes various forms, from verbal abuse to physical aggression. In Sarasota and throughout Florida, the law classifies certain actions as aggravated assault, domestic battery, or sexual assault. Each of these classifications carries its weight and consequences, and understanding them is crucial for anyone facing such allegations.
- Aggravated Assault: This is an attempt to cause serious harm to another or threatening to do so with a deadly weapon. The mere presence of a weapon, even if it wasn’t used, can escalate a simple assault charge to aggravated assault.
- Domestic Battery: It involves intentionally touching or striking a family or household member against their will or causing bodily harm. A pattern of domestic battery or the severity of harm can lead to enhanced penalties.
- Sexual Assault: This is a particularly grave offense. It pertains to any non-consensual sexual activity, and the repercussions of a conviction are profound, impacting personal freedoms, reputations, and future opportunities.
For individuals facing any of these charges or accusations, the journey ahead can be daunting. However, the right legal guidance can make a world of difference. The Law Place in Sarasota, specializing in battery cases, is available to assist. With a seasoned Sarasota battery lawyer from our team, you’ll be equipped to navigate the complexities of domestic violence laws, ensuring your rights are protected every step of the way.
We’re here to serve you. Our phones are open 24 hours a day.
What Common Defences Are Used Against a Battery Charge in Sarasota?
The circumstances surrounding a battery offense in Sarasota can vary greatly. Therefore, the defense that is put forward will differ depending on the case. However, an assault or battery lawyer may be able to defend against your charges by using the following:
- The alleged battery was accidental.
- The act was committed in self-defense or in defense of another person.
- The alleged victim consented to the physical act.
- The perpetrator and alleged victim were mutually engaged in combat with each other.
- The act was committed in defense of your property.
- There is a lack of evidence showing that you touched the alleged victim.
- There is a lack of evidence of intent.
- The object or instrument used was not a ‘deadly weapon’ as defined in the Statute.
Any of these defenses might be relevant to your case. At The Law Place, we understand that we can all make mistakes at times. Therefore, even if you are found guilty of battery, we believe that your rights should still be protected. Our attorneys will work hard to minimize the penalities brought against you.
We’re Florida’s top litigation team with over 75 years of combined experience
How Can an Assault and Battery Lawyer Help Me?
At The Law Place, we recommend you seek the advice of an experienced assault or battery attorney as soon as you have been arrested or charged. The sooner that you seek the advice of a lawyer, the more likely that your penalties and charges can be reduced or even dropped.
At The Law Place, we offer each of our customer’s a free consultation where we check the legitimacy of your case and offer some no-obligation, free legal advice. If you choose to proceed with your case, we will then arrange another consultation where we will go into much more detail about the incident and potential charges that are being brought against you. From this point, we will work to gather crucial evidence to strengthen your defense and reduce the penalties that you are facing.
From the initial call to updates on your case status, we are here to get you answers.
Contact an Experienced Sarasota Battery Lawyer at The Law Place Today!
If you have been charged with a battery offense in Sarasota, then The Law Place is here to help. Our team of criminal defense lawyers has over 75 years of experience in dealing with battery cases like yours.
No matter the charges you are facing, our attorneys understand how life-changing these penalties can be on you and your family’s life. We are here to support you.
Our phone lines are open 24 hours a day, 7 days a week, so we can be on hand to offer support and advice when you need it most.
