The state of Florida takes physical violence and unwanted touching seriously. Those accused of doing these things may be charged with battery, and they will face significant consequences if prosecuting attorneys succeed in achieving a conviction. Thankfully, one does not have to fight criminal charges alone. An experienced criminal defense attorney can help one navigate the legal system and do what is necessary to seek the best outcome possible.
Battery is defined as unwanted physical contact that often results in bodily injury. This is not to be confused with assault, which refers to threatening bodily harm to the extent that a victim fears for his or her safety. Assault and battery charges are often filed together; however, in the state of Florida, a person can be charged with one or the other if appropriate.
There are three types of battery charges recognized by the state. Those are simple, felony and aggravated. Simple battery is a misdemeanor with penalties of up to one year imprisonment and up to a $1,000 fine. Felony battery is, as named, is a felony with penalties of up to five years imprisonment and a fine of up to $5,000. Finally, aggravated battery is also a felony with penalties of up to 15 years imprisonment and a maximum fine of $10,000.
To achieve a conviction on a battery charge, the prosecuting attorney must establish that the following two elements exist in the case. First, the accused must have struck or touched the victim intentionally. Second, the victim did not give consent to the contact. Intent is not always the easiest thing to prove.
By carefully reviewing the evidence and listening to the client’s side, an experienced criminal defense attorney will be able to come up with a plan of attack. Successfully fighting a battery charge in a Florida criminal court is not an easy feat, though it is not impossible either. Several defense strategies may work to bring about a case dismissal or at least a reduction charges and penalties.