Saint Petersburg Law Firms Explain the Punishments for Different Levels of Battery
Battery laws vary by state, but generally battery is defined as intentionally or recklessly causing harmful or offensive contact with another person without their consent. Battery charges can range from misdemeanors to felonies depending on the circumstances. Saint Petersburg law firms break down the punishments for different levels of battery under Florida law.
Simple Battery
Simple battery in Florida is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine [Florida Statute 784.03]. To be charged with simple battery, the defendant must have intentionally touched or struck the victim against their will, or intentionally caused bodily harm to the victim. Simple battery does not involve a weapon or result in serious injuries. Examples include shoving someone or slapping them. Many simple batteries arise from bar fights, road rage incidents, or domestic disputes.
Because simple battery is a misdemeanor, defendants will not face long jail sentences. However, a conviction will still result in a permanent criminal record that can impact future employment and other consequences. Defendants should consult with an experienced Saint Petersburg criminal defense attorney to explore options such as pretrial diversion to avoid a conviction.
Felony Battery
When a battery offense involves aggravated circumstances, it may be charged as a felony under Florida law. Felony battery charges include:
- Aggravated Battery – Causing great bodily harm, disability or disfigurement. This is a second-degree felony [F.S. 784.045].
- Aggravated Battery on a Pregnant Woman – Committing a battery on a woman the defendant knew was pregnant. This is a first-degree felony [F.S. 784.045].
- Battery on a Law Enforcement Officer – Committing a battery on a law enforcement officer, firefighter, emergency medical care provider, etc. This is a third-degree felony [F.S. 784.07].
- Battery on a Person 65 Years or Older – Committing a battery on a person 65 years or older. This is a second or first-degree felony depending on severity [F.S. 784.08].
Felony battery charges often result from bar fights, domestic violence, or road rage when serious injuries occur. Felonies are punishable by substantial prison time – up to 30 years in some cases. Defendants face a high risk of doing time. An expeienced criminal defense attorney can argue mitigating factors to reduce charges or sentences.
Domestic Battery
Under Florida law, a domestic battery is defined as an intentional and unwanted touching against a family or household member. Domestic battery charges can be filed as simple misdemeanors or aggravated felonies depending on injuries and circumstances. Many domestic disputes arise from heated arguments that spin out of control – often fueled by alcohol or drugs.
Florida has a “no drop” policy for domestic battery cases, meaning the State Attorney will pursue charges even without the victim’s cooperation. Defendants may be subject to restraining orders. Domestic battery convictions can also impact child custody and visitation rights family law matters. An attorney can help negotiate solutions such as counseling or diversion programs to mitigate penalties.
Juvenile Battery Charges
Battery charges against juveniles are handled differently than adult cases. Prosecutors typically start with lesser charges, but juveniles can still face time in detention facilities. Parents may be liable for damages. Juvenile records can also impact college applications, financial aid and future employment.
An attorney can advocate for diversion programs or negotiated settlements to avoid an adjudication of guilt. Sealing or expunging juvenile records later on is also an option. Better outcomes are achieved when parents and teens cooperate with counsel and prosecutors to address root causes.
Defenses to Battery Charges
In any battery case, the defense may argue the touching was accidental or justified. Common defenses include:
- Self-Defense – The defendant acted in self-defense against an aggressor. However, the force used cannot be excessive.
- Defense of Others – The defendant was defending someone else from harm.
- Consent – The “victim” consented to the physical contact.
- Misidentification – The defendant was mistakenly identified as the perpetrator.
- Intoxication – The defendant was too impaired to form criminal intent.
An attorney can argue these defenses and hold prosecutors to their burden of proving guilt beyond a reasonable doubt. Consultation with an experienced Saint Petersburg criminal defense lawyer is critical to explore defenses and options in any battery case.
Get an Attorney if Facing Battery Charges
Battery covers a wide range of allegations from minor scuffles to serious assaults. Defendants face criminal penalties ranging from fines to years in prison. The consequences can be life-changing. An attorney can advise on defenses and negotiate the best resolution. For experienced counsel, contact a Saint Petersburg law firm today.