Many Floridians relate battery charges with physical altercations. But even though they may not seem as severe as other criminal offenses, a conviction for these charges can result in losing your freedom, among other consequences. A battery lawyer serving Orlando can provide you with experienced legal counsel.
A simple battery charge can severely affect your life if you are unfamiliar with the law. For that reason, in the sections below, you will find essential information about battery charges in Florida. Should you have specific questions about your case, contact an Orlando criminal defense lawyer.
What Is a Battery Charge in Florida?
In Florida, a simple battery consists of intentionally causing harm, touching, or striking a person without their permission. The type of victim, prior battery charges, using a deadly weapon, and the amount of harm inflicted can enhance the charges to aggravated battery.
Florida Statute § 784.03 defines simple battery as causing bodily harm, touching, or striking a person without their consent. Some examples of battery are slapping, pushing, or hitting someone. For instance, in State v. Weaver, 957 So. 2d 586, the defendant shoved a police officer in the chest, which resulted in a battery on a law enforcement officer charge.
With battery charges, proving the intention of the defendant is key. Following with the previous example, a battery charge may not hold up in court if the defendant and the police officer were in a crowded place which caused Mr. Weaver to accidentally push the officer.
If you were accused of battery, you should seek legal representation as soon as possible. Criminal defense attorney Zarina Hernandez has experience defending clients facing charges in Orange County, and surrounding areas.
At Z. Hernandez Law, we focus on helping clients charged with misdemeanor or felony battery including:
- Simple battery: consists of touching or striking a person without their permission.
- Battery on a law enforcement officer: is a simple battery performed on a specified officer such as an emergency medical care provider, firefighter, police officer, public transit employees, etc.
- Domestic battery by strangulation: according to Florida battery laws, strangling or choking a family member or dating partner against their will can lead to domestic battery charges.
Battery lawyer Zarina Hernandez can help you understand your charges and present you some of the potential legal avenues for your case. Contact us today to schedule an appointment.
Penalties for Battery in Florida
In Florida, being found guilty of a battery offense can lead to incarceration and fines. The severity of a charge, and consequently its punishment, depend on different factors such as:
- Type of victim
- Previous battery convictions
- Amount of harm caused to the victim
- Use of a deadly weapon
Below is a table with the penalties associated with simple battery and domestic battery by strangulation.
| Charge | Type of offense | Maximum Imprisonment | Maximum fines |
|---|---|---|---|
| Simple battery | 1st degree misdemeanor | 1 year | $1,000 |
| Domestic battery | 3rd degree felony | 5 years | $5,000 |
| Battery on law enforcement officer | 3rd degree felony | 5 years | $5,000 |
As shown in the table above, penalties vary widely depending on the circumstances and whether the crime is considered misdemeanor battery or felony battery.
Aside from law enforcement officers, Florida law includes other special victims. Committing battery against these victims can result in the same penalties as a battery on a law enforcement officer. These “special victims” include, but are not limited to:
- Elderly people
- Firefighters
- Emergency medical care providers
- Public transit employees or agents
- Staff from a detention facility
- Juvenile probation officers
- Health services staff
Statute of limitations
If you have been arrested for battery in Florida, the prosecution has a limited amount of time to pursue your case. This period of time is formally known as a statute of limitations, and it varies based on the severity of your charges.
The statute of limitations for a simple battery offense in Florida is two years. However, this period of time will increase to three years if you are facing charges for domestic battery by strangulation or battery on a law enforcement officer.
Battery vs Assault in Florida
Although they may seem similar, assault and battery charges in Florida are two different offenses. Battery occurs when you illegally touch, strike or cause harm to another person. Assault, on the other hand, consists of threatening to harm someone and causing fear of imminent danger.
For instance, Kyle gets into an argument with John. As things spiral out of control, John uses a knife to threaten Kyle. Because there was no physical contact and Kyle was not harmed, John can be charged with aggravated assault.
If, instead, John pushed and punched Kyle, he could face battery charges because there was actual physical violence.
Florida assault and battery charges can easily be confused when you are unfamiliar with the law. If you have been arrested and have questions about your charges, speak with a criminal attorney serving Orlando, Florida. Call (407) 900-8490 today to book an appointment.
Can an Orlando Battery Lawyer Have Your Charges Dropped?
Having legal representation when facing criminal charges can improve your chances of a positive outcome. At Z. Hernandez law, our battery lawyer will examine your case and determine the best course of action for your specific situation.
Depending on the case, we may be able to negotiate with the prosecutor and have your charges dropped. Below are some potential defenses that we may be able to use to fight a battery offense in Florida
- Defense of others
- Defense of your property
- Consent
- Lack of evidence
- Violation of rights
- Self-defense
- Lack of intention (the contact was an accident)
Speak to a Criminal Defense Attorney Serving Orlando Today
Violent crimes such as a battery offense in Florida can result in severe punishment without a proper and strong defense. You owe it to yourself to seek experienced legal representation to help you pilot through the criminal justice system.
Z. Hernandez law is a criminal defense law firm representing clients facing criminal charges in the Greater Orlando Area. To book a consultation with an Orlando criminal defense lawyer, call (407) 900-8490.
