Orlando Battery Defense Lawyers
Charged With Battery in Florida? Call (407) 593-5047 Today!
A
battery (First Degree Misdemeanor) is when a person intentionally touches or strikes
another person against their will, or when a person intentionally causes
bodily harm to another person. A person must intend to touch the other
person, and not just do so accidentally. The touching must be against
the will of the other person (without consent to the touching).
What is Battery?
- pushing
- grabbing
- hitting
- slapping
- spitting on someone intentionally and without consent
A battery can become a
Felony Battery (Third Degree Felony) if the person has a prior conviction for battery,
or if the battery causes great bodily harm, or if the battery is a
Domestic Battery by Strangulation, meaning it took place in a domestic setting and involved strangulation
of the victim.
An
Aggravated Battery (Second Degree Felony) is a battery in which the person
intentionally or knowingly causes great bodily harm, or it involves the use of a deadly weapon, or if the victim
was known to be pregnant. An
Aggravated Battery with a Pregnant Victim is a battery where the victim was pregnant at the time of the battery
and the defendant
knew or should have known that the victim was pregnant.
Florida Statutes
784.03
Battery; Felony Battery.
(1)(a) The offense of
battery occurs when a person:
1. Actually and intentionally touches or strikes another person against
the will of the other; or,
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery
commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery,
or felony battery and who commits any second or subsequent battery commits
a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. For purposes of this subsection, “conviction”
means a determination of guilt that is the result of a plea or a trial,
regardless of whether adjudication is withheld or a plea of nolo contendere
is entered.
784.041
Felony Battery; Domestic Battery by Strangulation.—
(1) A person commits
Felony Battery if he or she:
(a) Actually and intentionally touches or strikes another person against
the will of the other; and,
(b) Causes
great bodily harm, permanent disability, or permanent disfigurement.
(2)(a) A person commits
Domestic Battery by Strangulation if the person knowingly and intentionally, against the will of another,
impedes the normal breathing or circulation of the blood of a family or
household member or of a person with whom he or she is in a dating relationship,
so as to create a risk of or cause great bodily harm by applying pressure
on the throat or neck of the other person or by blocking the nose or mouth
of the other person. This paragraph does not apply to any act of medical
diagnosis, treatment, or prescription which is authorized under the laws
of this state.
(b) As used in this subsection, the term:
1. “Family or household member” has the same meaning as in
s. 741.28.
2. “Dating relationship” means a continuing and significant
relationship of a romantic or intimate nature.
(3) A person who commits felony battery or domestic battery by strangulation
commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
784.045
Aggravated battery; Aggravated Battery (Pregnant Victim)—
(1)(a) A person commits
Aggravated Battery who, in committing battery:
1.
Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or,
2. Uses a deadly weapon.
(b) A person commits
Aggravated Battery
(Pregnant Victim) if the person who was the victim of the battery was pregnant at the time
of the offense and the offender knew or should have known that the victim
was pregnant.
(2) Whoever commits
Aggravated Battery shall be guilty of a felony of the second degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
Elements of a Battery Case
To prove the crime of
Battery, the State must prove the following beyond a reasonable doubt:
1. Defendant intentionally touched or struck victim against his or her will; or,
2. Defendant intentionally caused bodily harm to victim.
To prove the crime of
Felony Battery, the State must prove the following two elements beyond a reasonable doubt:
- Defendant actually and intentionally touched or struck victim against his
or her will; and,
- Defendant caused victim great bodily harm, permanent disability, or permanent
disfigurement.
To prove the crime of
Domestic Battery by Strangulation, the State must prove the following three elements beyond a reasonable doubt:
- Defendant knowingly and intentionally impeded the normal breathing, circulation
of the blood of victim against his or her will by applying pressure on
the throat or neck of victim) or by blocking the nose or mouth of victim.
- In so doing, Defendant created a risk of great bodily harm to victim or
caused great bodily harm to victim.
- Defendant was a family or household member of victim or in a dating relationship
with victim.
“Family or household member” means spouses, former spouses,
persons related by blood or marriage, persons who are presently residing
together as if a family or who have resided together in the past as if
a family, and persons who are parents of a child in common regardless
of whether they have been married. With the exception of persons who have
a child in common, the family or household members must be currently residing
or have in the past resided together in the same single dwelling unit.
“Dating relationship” means a continuing and significant relationship
of a romantic or intimate nature.
To prove the crime of
Aggravated Battery, the State must prove that a Battery was committed; and, Defendant in
committing the battery either:
a. intentionally or knowingly caused great bodily harm, permanent disability
or permanent disfigurement to victim; or,
b. used a deadly weapon. (A weapon is a “deadly weapon” if
it is used or threatened to be used in a way likely to produce death or
great bodily harm).
To prove the crime of
Aggravated Battery (Pregnant Victim), the State must prove the following three elements beyond a reasonable
doubt. The first element is a definition of battery.
- Defendant intentionally touched or struck victim against her will or intentionally
caused bodily harm to victim.
- Victim was pregnant at the time.
- Defendant in committing the battery knew or should have known that victim
was pregnant.
Penalties for Battery in Florida
Criminal charges are designated as varying degrees of misdemeanors and
felonies, according to the Florida Criminal Code, Chapter 775 of the Florida
Statutes. Each offense is further categorized into levels according to
an “Offense Severity Ranking Chart” and assigned a corresponding
point value. The points are calculated and form the basis for the guideline
sentence that the court should impose, according to the Florida Criminal
Punishment Code, Chapter 921 of the Florida Statutes.
The range of penalties that may be imposed for Battery, Felony Battery,
and Aggravated Battery are:
Battery (First Degree Misdemeanor):
- Up to one year in jail;
- Up to one year of probation;
- Up to a $1,000 fine.
Felony Battery (Third Degree Felony/Level 6):
- Up to 5 years in prison;
- Up to 5 years of probation;
- Up to a $5,000 fine.
Aggravated Battery (Second Degree Felony/Level 7):
- Up to 15 years in prison;
- Up to 15 years of probation;
- Up to a $10,000 fine.
In addition, the court may order community service and classes/counseling,
among other reasonable penalties, as part of the sentence. The court and/or
the laws of Florida may also require the suspension of your driver’s
license and registration as a felon.
A person may also face secondary consequences due to a criminal sentence,
such as deportation (if not a U.S. Citizen), the loss of civil rights
(such as the right to vote, possess a firearm, or to serve on a jury),
and the loss of employment and educational opportunities, among others.
If a firearm is used or if the alleged victim is a law enforcement officer,
firefighter or EMT, or a person 65 years of age or over, then the offense
may be reclassified to a higher class and may qualify for a minimum mandatory
prison sentence, if convicted.
Aggravated Battery is a qualifying offense for a defendant to be sentenced
as a Prison Releasee Reoffender (PRR).
If you are convicted you may not be able to seal or expunge your record.
Defenses for Battery Charges
A person can’t be sentenced and have penalties imposed if found not
guilty or if the case is dropped or dismissed. The law affords every accused
person the right to due process; including the right to have the court
prohibit or limit the use of evidence that was not lawfully or fairly
obtained. Ultimately, an accused has the right to be presumed innocent
and to require, through a jury trial, that the government must prove the
case beyond a reasonable doubt.
In addition to the many Pre-Trial Motions and Defenses available in most
criminal cases, a Battery, Felony Battery and Aggravated Battery have
the following particular defenses.
-
Battery –
- Unintentional touching – if the touching is accidental, it is not a crime.
- Consent – If the victim consents or engages in mutual combat, or
otherwise agrees to participate in physical contact (such as sport), it
is not a crime.
-
Felony Battery –
- Lack of prior qualifying criminal history
- Battery did not cause great bodily harm
-
Aggravated Battery –
- Defendant did not intentionally or knowingly cause great bodily harm
- Battery did not involve the use of a deadly weapon
-
Aggravated Battery (Pregnant Victim) –
- Battery did not involve a pregnant person, or the person was not reasonably
known to the defendant to have been pregnant.
If you or someone you loved has been arrested with battery, do not hesitate to
contact the Orlando
assault and battery defense attorneys at Longwell Lawyers.
Free case evaluations are available!