As skilled criminal defense attorneys serving Central Florida, we believe that every accused individual — regardless of the nature of their criminal charges — deserves top-tier legal representation. Contact Sergio Cruz Criminal Defense to explore your options today.
As experienced criminal defense lawyers, we understand that criminal charges are rarely as straightforward as they seem. To many people, a battery accusation sounds like an overt physical assault, but the reality is that many unintentional and misinterpreted actions can also be considered battery under Florida law.
Regardless, being charged with a violent crime carries a weighty social stigma that is difficult to recover from — even if you manage to avoid conviction. When alleged perpetrators are convicted, they not only face negative social, professional, and personal consequences but also a wide range of severe legal penalties.
If you’ve been charged with battery, don’t make the mistake of assuming it will all work out. Trust us when we say that if you fail to secure top-tier legal assistance, conviction is a distinct possibility. The best thing you can do to protect your future is to contact a reputable criminal defense law firm for legal advice.
This article will explain everything you need to know about battery charges in Florida, including possible penalties, legal defenses, types of battery, and more.
How Our Battery Lawyer Can Help You
If you’re facing battery charges, you’re likely embarrassed, overwhelmed, and sad. You may be feeling confused or even angry — especially if you were falsely accused. However you’re feeling, the battery lawyers at Sergio Cruz Criminal Defense are here to offer support and guidance through every step of your legal journey.
Our battery defense attorneys are able to offer top-tier continued support to clients because, unlike public defenders, they have the time and resources to do so — but that’s not all we bring to the table. With years of experience, unparalleled expertise, and a name you can trust, Sergio Cruz Criminal Defense provides the confidence you need to fight for your future.
We will fight tirelessly to ensure the best possible outcome for your case, whether that means getting your charges reduced, pushing to have them dismissed altogether, or taking the battle to court. Our battery attorneys will provide the aggressive defensive strategies you need to beat your charges and move on with your life.
What Is the Crime of Simple Battery?
According to Florida law, specifically Florida Statutes Section 784.03, the crime of battery or “simple battery” refers to intentionally touching or striking another person against their will or intentionally causing bodily harm to another person.
As you can see, this broad definition allows for various actions to be considered battery. In order to prove battery beyond a reasonable doubt, the prosecution will need to demonstrate the following key elements:
- Intentional act. The prosecution must demonstrate that the defendant had the intent to touch or strike the alleged victim or to cause them bodily harm.
- Unconsensual contact. The prosecutor will also need to prove that the alleged victim did not consent to or want the physical contact.
- Physical contact or harm. Lastly, the prosecution will need to prove that actual physical contact occurred during the alleged battery.
Keep in mind that in this context, physical contact can be as minor as a touch or grabbing an elbow. Conversely, it may also involve causing someone actual bodily harm. Under Florida law, both can constitute battery.
Simple Battery vs. Aggravated Battery
In the State of Florida, there are two main types of battery: simple battery and aggravated battery. Whereas simple battery typically refers to unwanted physical contact and minor injuries, aggravated battery involves more serious circumstances. To be considered aggravated battery, an incident often needs to involve the use of a firearm or deadly weapon or to result in serious bodily harm to another person.
Aggravated battery is considered a more serious offense than simple battery, and as a result, conviction for aggravated battery carries harsher penalties than those associated with simple battery. However, several aggravating factors can enhance simple battery to a more serious crime.
The Penalties for Battery
If you are convicted of battery in Florida, you could face a range of legal penalties and additional consequences, depending on various factors. The largest determining factor when assessing potential penalties is whether the charge is for simple or aggravated battery.
In Florida, simple battery is a first-degree misdemeanor. Here are a few of the penalties associated with conviction:
- Jail time of up to one year
- Probation for up to one year
- Fines of up to $1,000
- A permanent criminal record
Rather than a misdemeanor, aggravated battery is considered a second-degree felony in Florida. Conviction of aggravated battery can carry the following penalties:
- Imprisonment for up to 15 years in state prison
- Probation for up to 15 years
- Fines up to $10,000
- A permanent criminal record and convicted felon status
Although these are the typical penalties for conviction, it’s important to understand certain aggravating factors — such as using a deadly weapon or battering a law enforcement officer or another protected individual — can enhance penalties for both simple and aggravated battery. Repeat offenders may also face enhanced penalties.
How to Defend Against Battery and Aggravated Battery Charges
After you partner with a top-tier law firm like Sergio Cruz Criminal Defense, successfully defending against battery or aggravated battery charges is more than doable. The best defense strategy for your criminal case will depend on specific circumstances of the incident, but we may be able to make one of the following arguments on your behalf:
- Self-defense. You used reasonable force to protect yourself from imminent harm or danger, and you were not the aggressor.
- Defense of others. You used appropriate and necessary force to protect another person from imminent harm or danger.
- Defense of property. Given the situation, you used a reasonable amount of force to protect your property from being invaded or damaged.
- Lack of intent. You had no intention of touching or striking the alleged victim or of causing harm. Your actions were accidental or unintentional.
- Consent. You had consent from the alleged victim to make physical contact; they willingly participated in the activity.
- False accusation. You did not touch or cause harm to the alleged victim, and your charges are based on false or exaggerated claims.
- Alibi. You were not at the scene of the crime when the incident occurred, as evidenced by eyewitness testimony, video surveillance, and other documentation.
- Stand Your Ground law. You exercised your rights under Florida’s Stand Your Ground law to use reasonable force for the purpose of preventing imminent death or great bodily harm.
Remember: The best defense strategy for you is the one that corroborates your version of events and the available evidence. Luckily, you don’t have to navigate your legal approach alone.
Sergio Cruz Criminal Defense: Trusted Battery Lawyers in FL
When most people think of battery, they imagine repeated, documented instances of domestic violence or similar scenarios. The reality, however, is that many of the battery charges we defend against are nowhere as sinister. Oftentimes, they involve genuine mistakes, misunderstandings, and exaggerated or false claims.
Contact us now
In need of a strong defense? Don’t face your charges alone. Get the legal support you need call today or email us. Your defense starts here.
