Assault & Battery Defense
Battery charges are frequently brought in conjunction with assault allegations. The crime of battery happens when a person uses force or the threat to harm another person. This action causes bodily harm or offensive contact with the victim. For a person to be charged with this crime, there must be contact between the alleged victim and the accused, or with an object, the accused had control over. This crime may be charged as a simple battery or aggravated battery. If you have been accused of battery, it is important to contact an experienced attorney as soon as possible.
A person is charged with simple battery when they cause minor injuries to another person. This crime is a misdemeanor in Florida and may result in fines and up to 1 year of jail time. Aggravated battery is charged when a person causes serious bodily harm to another person.
Types of aggravated bodily harm may include:
- Amputation of limbs
- Broken bones
- Internal injuries
- Traumatic brain injury
This crime is charged as a felony and may lead to large fines and excessive) years in prison. A person who throws a punch at another person and causes them to fall, hit their head, and experience long-term head trauma would be charged with aggravated battery. A prosecutor is going to focus on the perceived intent of the defendant. If there appears to be evidence that supports intent to do serious bodily harm or cause death, then the penalties may be even more severe.
One of the most common defenses to battery charges is self-defense. A person may not have intended to harm the other individual but reacted in response to a real or perceived threat. If there is evidence that the defendant believed they were at risk of harm, there is a possibility of getting the charges reduced or even dismissed. If the case is being built around the testimony of the person who alleged the harm, it is important to challenge the veracity of that testimony. Another possible defense for an individual charged with battery is that they were trying to defend their home. This is relevant when another person was trying to invade or break into their home.
Battery charges carry permanently impact the life of the person being charged, including the loss of the ability to vote, bear arms, obtain certain professional licenses, and pursue some careers. It is critical to fight against these charges to avoid long-term negative consequences. Hightower, Stratton, Novigrod & Kantor understand how to mount a strong defense to these cases, including getting the charges dismissed. Our legal team has over extensive experience helping people accused of battery crimes throughout Florida. We are equipped to help you obtain the best possible results for your case.