In the State of Florida, battery is viewed as an incredibly serious violent crime. It is critical to hire an attorney to give you the best chance at avoiding a conviction.
The charges that are brought against people arrested for battery offenses can vary greatly. Depending on the specific circumstances and consequences of the crime, you may be facing penalties such as hefty fines, a permanent criminal record, and even a lengthy jail sentence.
If you or a loved one has been accused of battery in Venice or elsewhere in Florida, then you should get in touch with an experienced law firm as soon as possible. The criminal defense attorneys at The Law Place have over 75 years of combined experience in dealing with the Florida legal system and helping clients facing assault and battery charges just like yours. Our phone lines are open 24 hours a day, 7 days a week, so don’t hesitate to contact us today.
Call The Law Place today to schedule a free consultation at (941) 444-4444!
Battery Under Florida Law
Under Florida Statute 784.03, battery is defined as the following:
“The offense of battery is when a person:
- Actually and intentionally touches or strikes another person against the will of the other; or
- Intentionally causes bodily harm to another person.”
A person who has committed battery is most likely to be charged with a first-degree misdemeanor. However, this rises to a third-degree felony if the defendant has already got one prior conviction for battery, aggravated battery, or felony battery.
Florida Assault and Battery Laws
Many people mix up the two offenses of assault and battery, and although they are related and often discussed collectively, they are two separate crimes.
Essentially, assault refers to a threat by word or action that caused the victim to feel afraid of imminent violence. However, battery is the actual physical contact of the defendant with another, such as hitting or kicking them.
The key legal difference between the two offenses is that assault requires the victim to have felt threatened by and scared of their assailant at the time of the crime, whereas battery doesn’t have this condition. Instead, the only requirement of battery is for the prosecution to prove the intention to cause harm.
Furthermore, unlike battery, assault occurs even if there is no physical contact. This means that someone could face a battery charge and an assault charge for the same incident, even if they believed they were acting in self-defense.
Different Types of Assault/Battery Charges
As with many other criminal charges, assault and battery charges in Florida vary drastically depending on the specific circumstances surrounding the case. Some of the types of charges that The Law Place handle include the following:
- Simple assault.
- Aggravated assault.
- Simple battery.
- Felony battery.
- Aggravated battery.
- Assault with a deadly weapon.
- Vehicular assault.
- Sexual assault.
- Domestic battery.
Regardless of what type of battery you have been charged with, the criminal defense attorneys at The Law Place will be able to help you, so contact us today to schedule a free consultation.
What Penalties Are Associated With Battery in Venice, FL.?
In the majority of cases, if you are charged with committing battery in Venice or elsewhere in Florida, then you’ll be facing a first-degree misdemeanor. This means that if you’re convicted, you’ll be facing the following penalties:
- Probation for up to 12 months.
- A jail sentence of up to 12 months.
- A fine of up to $1,000.
The penalties you will actually be sentenced to will vary depending on many different factors, including the circumstances of your case, whether you have a prior criminal record, and how strong the defense your attorney presents is.
However, it is possible to be facing much more severe penalties if the offense is increased to a felony. This may happen if you are charged with aggravated battery, which under Florida Statute 784.045 is defined as intentionally or knowingly causing bodily harm, permanent disability or disfigurement, or using a deadly weapon.
If you have been charged with aggravated battery, you may be facing more severe penalties, such as the following:
- Up to 20 years in jail.
- A fine of up to $10,000.
At The Law Place, we know that the penalties you face after being arrested for battery can be steep and devastating. Because of this, our Venice lawyers are ready to help you. Our criminal defense lawyers have years of experience and knowledge of the Florida legal system, so you know that working with us will give you the best chance at a positive outcome. Contact us today to schedule a free consultation!
What Common Defences Are Used Against a Battery Charge in Venice?
Every battery case is different, meaning that the defense used by your attorney must be tailored specifically to your case. However, some of the most common defenses that are used by lawyers in battery cases are listed below:
- The alleged battery was actually accidental.
- The act was self-defense or committed in defense of another.
- The alleged victim consented to the act.
- The alleged perpetrator and alleged victim were mutually engaging in combat.
- The act was in defense of their property.
- There is insufficient evidence that the act ever happened.
- There is insufficient evidence of intent.
- The object was not a “deadly weapon.”
Any of these defenses could be relevant to your case, even if you don’t realize it. At The Law Place, our Venice-based lawyers understand that everyone makes mistakes, especially in the heat of the moment. We want to help you by building a solid defense and securing the best outcome possible on your behalf.
How Can a Florida Battery Lawyer Help Me?
It is highly recommended that you seek the legal advice of an experienced battery attorney as soon as possible. The sooner you get in touch with a law firm, the more time the lawyers will have to work on your case and decrease the chances of a conviction.
If you choose to work with The Law Place, we will thoroughly investigate your case, gather all and any relevant evidence, and build a strong defense on your behalf. Our lawyers will prioritize your case and securing the best outcome possible, whether that’s an acquittal, getting your charges reduced or dismissed, or minimizing the penalties you face.
Contact The Law Place Today
If you or a loved one have been charged with any type of battery offense in Venice, then The Law Place is here to help you. Our team of criminal defense lawyers has a vast amount of experience in dealing with the legal system in Florida and helping clients who are facing charges similar to yours.
We understand that a conviction could have a damaging impact on your life for years to come, and we don’t believe anyone deserves this for one mistake that happened in the heat of the moment. We are here to support you.
So call The Law Place today to schedule a free consultation at (941) 444-4444! Phone lines are open 24/7.