In Florida, Florida Statute 784.03 known as the battery law is defined as the actual and intentional touch or strike to a person against his or her will. A slap, a push, or a punch is all considered battery when it is not welcomed. Two requirements to prove battery are intent and an act to follow. Harming the victim is not one of the requirements. Spitting at somebody after a verbal altercation or for fun is considered simple battery. The act that follows the intent must be harmful and or offensive. So unlike a slap to the face, a friendly pat on the back even though intentional contact is not considered battery because it is neither offensive nor harmful.
When determining whether to charge someone with battery most prosecutors use a “common sense” approach. Based on the facts would an ordinary person looking at the intent and actions of the defendant consider it a battery. This is important since the crime of battery is one of the more common misdemeanor charges that are contested and may require a trial by jury. If you or someone you know has been charged with the crime of battery, contact Pallegar Law, P.A. as soon as possible to explore your options.
You cannot be charged with battery if the contact was consensual. This is also known as a mutual combat scenario. For instance, partaking in a sanctioned boxing or wrestling match and than later claiming you are the victim of a battery would not work. Simple battery is considered a first-degree misdemeanor and punishable by up to one year in the county jail and a maximum $1,000.00 fine.
Diversion programs exist for first time offenders; however, entrance into these programs is more challenging than other qualifying offenses. It is also entirely up to the discretion of the victim and prosecutor. Therefore, it is important you contact an experienced Tampa Battery Attorney at Pallegar Law, P.A. who can get your case dismissed early on. Once you have finished the dismissal program the end result is a complete dismissal of the charges.
You could be charged with felony-aggravated battery if you intentionally and knowingly cause harm or permanent disfigurement or disability to another person or if you commit battery with the use of a deadly weapon. You could also be charged with aggravated battery if you commit the simple battery against a pregnant woman knowing she was pregnant at the time. You may also face minimum mandatory prison sentences if you commit certain types of felony battery. It is important you consult with an experienced Tampa battery lawyer to represent you on a felony battery charge.
Furthermore, if you have previously been convicted of either felony or misdemeanor battery and commit another misdemeanor battery it, by law, can be turned into a third-degree felony. Contact an experienced Tampa battery lawyer today to protect your rights and investigate all possible defenses. We are rated #1 on Thumbtack for Criminal Defense and DUI Defense Attorneys in the Tampa, Bradenton, and the Sarasota area. We offer free consultations and we will provide you with a thorough case review and answer any questions you have.
If you are arrested in Tampa and are looking for a Tampa battery attorney to help you with your battery charge call Pallegar Law, P.A. at 813-444-3912 or in Sarasota/Bradenton call us at 941-893-5816.