Fort Myers Criminal Defense Attorney
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Battery Defense Attorney in Fort Myers

Have you been charged with battery?

In Florida, battery charges are not defined simply, nor are they handled as such. Any number of extenuating factors could affect the ultimate ruling that's made regarding your battery charges, so having a skilled attorney on your side is not a question; rather, it is a necessity. For the hard-hitting, experienced defense that you need in order to feel confident in the legal case that is built on your behalf, contact a Fort Myers criminal defense lawyer at our office today.

Simple Battery

The state of Florida has a complex process for classifying crimes of battery, and defendants who've been accused of battery could be facing any number penalties depending on the type of battery for which they've been charged. Simple battery is perhaps the most well know of these types of offenses.

A simple offense of this nature is classified as a first degree misdemeanor, and it is identified by any of the following behaviors:

  • Intentionally causing bodily harm to another person
  • Intentionally touching another person against their will
  • Intentionally striking another person against their will

From something as minor as grabbing another person's arm to something more major such as throwing an object at another person, a charge for battery can result. In fact, no bodily harm must have resulted from the interaction in order for it to be defined as battery. As long as the victim can prove that the contact was non-consensual, a defendant can be accused of battery.

Persons who are facing misdemeanor battery charges are up against stiff penalties. If a conviction is made, the accused could be facing up to a year in jail, a year on probation, and $1,000 in fines. Depending on the ruling that's made, and the ability of your attorney to defend you, any combination of these consequences could be issued to you at the time of your final sentencing.

Types of Battery Crimes: A Breakdown

As noted above, the state of Florida recognizes several different behaviors as ones of battery. Above and beyond the simple act of battery that is defined as a misdemeanor offense, there are further ways to be charged with a criminal accusation of this nature. Specifically, Floridians who have been accused of battery could be looking at charges for aggravated battery, domestic violence battery, or felony battery.

Aggravated Battery: Crimes of aggravated battery are committed in one of three very specific ways. Only an offense that involved 1) the intentional bodily harm of another person, thus resulting in permanent disability or permanent disfigurement; or 2) the use of a deadly weapon to commit an act of batter; or 3) the battery of a woman who is known to be pregnant can be charged as aggravated battery. Classified as a second degree felony offense, a conviction for aggravated battery will result in no fewer than 21 months in prison, with the possibility of a 15-year sentence. Persons who are convicted could also face up to 15 years of life on probation and up to $10,000 in fines.

Domestic Violence Battery: Domestic violence can be charged against any member of a family when said person has committed a criminal offense against another member of the family. Specifically, domestic violence crimes are defined by acts such as assault, battery, stalking, rape, kidnapping, or even false imprisonment. A criminal conviction for domestic violence can include the typical statutory penalties that are applied to criminal offenses, as well as at least five days of imprisonment, mandatory attendance at a Batterers Intervention Program (which can range from 26 to 29 weeks), forfeiture of the right to carry a gun, revocation of a concealed weapons permit, and ineligibility for sealing or expunging your criminal record.

Felony Battery: In order for battery to be charged as a felony offense, two conditions must be met: 1) another person was intentionally touched or hit against their will; and 2) the contact unintentionally caused the victim extreme bodily harm / permanent disfigurement / permanent disability. In Florida, felony battery is classified as a third degree felony, and persons who are convicted could face up to five years in prison, up to five years of probation, and up to $5,000 in fines.

Florida's Reclassification of Battery Charges

Persons who are accused of battery in the state of Florida are up against a particularly stiff criminal system, because state law calls for reclassification of these criminal charges under certain circumstances. This means that, by law, the crime of battery will be upgraded if the person who has been battered was an emergency medical care provider (i.e., paramedic, physician, registered nurse, ambulance driver, or medical technician); a firefighter; or a law enforcement officer (i.e., federal law enforcement officer, probation officer, Fish and Wildlife officer, or correctional officer).

The caveat to this law, however, is that any one of the aforementioned professionals must have been on the job at the time that they were battered. If these circumstances align, then the battery charge will be reclassified / upgraded. This could mean that a first degree misdemeanor charge for battery will become a third degree felony charge for battery. It could also mean that a second degree felony charge for aggravated battery will become a first degree felony charge for aggravated battery. Furthermore, persons who are convicted of aggravated battery of a law enforcement officer will be sentenced to no fewer than five years in prison.

Contact a Fort Myers Criminal Defense Lawyer

Despite the severity of the charges that have been made against you, if you're facing conviction for battery there are plausible lines of defense that can be executed on your behalf. At Brian L. Edwards, Esq., we have built our reputation on providing aggressive and effective defense to the arena of the criminal justice system, especially when it comes to the representation provided to individuals who've been accused of committing a violent crime like battery.

When you contact our office for support, a thorough review of your case will be conducted in order to develop the best strategy for defense in your case. Many criminal accusations of battery can be effectively challenged when the right method of criminal defense is utilized on behalf of the defendant. Therefore, we take great care in our efforts to determine what method of reasoning will best serve our clients in court. From claims of self-defense, to mutual combat, to mental health issues, we will not rest until we have exercised every possible and plausible line of defense on your behalf.

Contact a Fort Myers criminal attorney from our firm today to schedule your free consultation!

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Read How We Have Successfully Defended Our Clients in Past Cases
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