Battery charges in Florida vary depending on the circumstances and intent. Florida Statute Section 784.03 posits that battery is exemplified by intentionally touching or striking someone without their consent or causing them bodily harm. However, some nuances delineate battery charges into categories even with a clear definition. Understanding the nature of each category informs potential penalties for each.
This is where having a battery lawyer to help defend you against the charges may be critical to your ability to move forward from this situation.
What are the Different Types of Battery in Florida?
There are three different types of charges relating to battery. Each type of battery offense carries different legal implications and penalties. The characteristics of each category create a range from less severe charges to significantly consequential.
Simple Battery
A simple battery charge is the least serious type of battery. It involves physical contact with another party, resulting in minor injuries, and is a first-degree misdemeanor punishable by up to a year in jail and/or a $1,000 fine. It is the only type of battery that carries a misdemeanor designation. Unlike more severe battery charges, a simple battery does not involve great bodily harm.
Misdemeanor Battery
Misdemeanor battery, also known as simple battery, is the least severe type of battery charge. It refers to deliberately touching or striking someone without their consent or intentionally inflicting bodily harm on them. As a first-degree misdemeanor, it is punishable by up to one year in jail and/or a $1,000 fine.
To secure a conviction for misdemeanor battery, the prosecution must demonstrate that the defendant intentionally touched or struck someone without their consent or caused them bodily harm. Additionally, the prosecution must prove that the defendant’s actions were not justified, such as in cases of self-defense.
In certain situations, misdemeanor battery can escalate to a felony charge. This can occur if the defendant has a prior conviction for battery or if the victim is a protected individual, such as a law enforcement officer. In these cases, the penalties can be more severe, including longer prison sentences and larger fines.
Felony Battery
Felony battery occurs when one person hits another and causes serious injury. It may also be used when someone has previously been convicted of battery and is involved in another incident. This form of battery is considered a third-degree felony and may be punished by up to five years in prison and/or a $5,000 fine. Aggravated battery involves circumstances such as the use of a deadly weapon or causing serious injury.
Aggravated Battery
Aggravated battery charges are the most serious type of battery as they typically involve injury using a deadly weapon. It is charged as a second-degree felony, punishable by up to 15 years in prison and/or a $10,000 fine. Aggravated battery carries severe penalties, including up to 15 years in prison and/or a $10,000 fine.
Domestic Violence Battery
Domestic violence battery is a specific type of battery charge that involves intentionally touching or striking a family or household member or someone with whom the defendant is in a dating relationship against their will. This offense is considered a first-degree misdemeanor, punishable by up to one year in jail.
For a conviction of domestic violence battery, the prosecution must establish that the defendant intentionally touched or struck the victim against their will or caused bodily harm. Additionally, it must be proven that the defendant and the victim are family or household members or are in a dating relationship.
Domestic violence battery carries additional consequences beyond the standard penalties. These include a mandatory minimum jail sentence of 10 days and the compulsory completion of a 26-week batterers’ intervention program. The defendant may also be required to pay restitution to the victim and may be prohibited from possessing a firearm while on probation.
In more severe cases, the defendant may face additional charges such as aggravated battery or felony battery if the victim suffers serious bodily harm or if a deadly weapon is used. These charges can result in more severe penalties, including longer prison sentences and larger fines.
How Can a Criminal Defense Lawyer Help With a Battery Charge in Florida?
A skilled battery lawyer is instrumental in helping you overcome battery charges of any kind. Mounting a strong defense is vital, and several approaches can be used for this purpose. A sound defense may consider numerous factors, from positing that the incident was an accident to self-defense. The circumstances of the battery will also be a factor in determining what happened and why.
For instance, if the incident took place on your property or there is little to no evidence to support the charges, a more favorable outcome is more likely.
As such, it is imperative to collect all pertinent evidence to support your case in as thorough a way as possible. These are all nuances that a battery lawyer will consider in crafting a clear-eyed defense.
Schedule a Free Consultation with an Experienced Palm Beach County Criminal Defense Attorney to Learn More
If you are dealing with a battery charge, it is best to work with a criminal defense attorney who has experience with all three types. Criminal Defense Attorney Brian Gabriel has spent more than 30 years helping those accused of battery successfully defend against the charges. He will handle your case using all the knowledge and skills developed over the span of his career.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.