Under these circumstances, the law finds both parties to be at fault. Free Consultation on your Assault, Battery, & Aggravated Assault Charges in Florida. The crime is classified as a second-degree felony which is punishable up to 15 years with a $10, 000 fine. Aggravated Battery on a Person 65 Years of Age or Older is defined in Florida Statute Section 784. 2d 1149 (Fla. 2d DCA 2001). A conviction could send you to prison for up to five years or longer, depending on the circumstances of your case. Felony battery charges in florida. "I had a great experience, very knowledgeable, and polite. An individual may be charged with just a simple battery against a pregnant woman by the arresting police officer. Self-defense requires a showing of an immediate threat. Felony battery under Florida Statute section 784. Some of the tactics he may use to defend your case include: - Defense against the victim. Aggravated battery is defined the same way that simple battery is; however, with aggravated battery, the actions of the accused have seriously physically harmed the victim. Does the elderly person take medications or have other medical conditions that could have caused him to misunderstand the situation. A defendant must intend to strike the person, or engage in conduct where he or she knows that a touch or strike "is substantially certain to result from his acts. "
How To Beat A Battery Charge In Florida Game
If you've been charged with assault, battery, or related criminal offenses, call us to get advice on your case. The victim does not have a duty to retreat before threatening or using force against someone else in this situation. Battery cases are prosecuted in County Court. Battery ranks among the most frequent crimes committed in Florida. The most effective defense depends on the specific circumstances that led to your arrest. Simple battery is punished by a maximum of 1 year in jail and a $1, 000 fine. A person who has one prior conviction for battery, aggravated battery, or felony battery, and commits any second or subsequent battery commits a felony of the third degree, punishable by up to a $5, 000 fine, five (5) years prison and/or probation. For example, you may have tripped over an expected obstacle and been pushed towards the alleged victim. A person may also be charged with aggravated battery if the alleged victim was pregnant at the time of the alleged offense. If you have been charged with battery, you don't have to face it alone; a Miami criminal defense attorney from our firm will have your best interest at heart and will work toward an outcome that will be favorable for you. Musca Law's assault and battery defense attorneys aggressively defend their clients who face assault or battery charges. Florida Assault and Battery | Definition & Penalties. Contact Florida Defense Team, by calling 407-800-2000 or use our online case submission form to schedule a confidential legal consultation. Second-degree felony offenses in Florida are punishable by an incarcerated sentence of up to fifteen years. 03; - Domestic Battery by Strangulation.
Depending on the circumstances, your defense attorney may be able to persuade the prosecutor that a felony charge is a misrepresentation of the events and that the charge should be reduced to a misdemeanor. If someone is in their vehicle or home at the time of the offense, state law presumes another person unlawfully attempted to remove them, remained in or entered against their will, and the defendant had a reasonable fear of imminent bodily harm or death. The crime of assault is complete only if the threat of violence is immediate. 03 defines battery as an intentional striking of another person by touching or hitting against the victim's willfully or intentionally inflicts bodily harm upon the victim. People get into fights for many different reasons. One defense is that the defendant did not know that the victim was pregnant because of clothing or she was early in the pregnancy. To constitute a crime, there must be "either a specific voluntary act or something that is substantially certain to result from the act. How to beat a battery charge in florida game. "
How To Beat A Battery Charge In Florida Building
If you are not a U. citizen, any type of battery conviction may result in your removal from the United States. In order to avoid these consequences, consider hiring a criminal lawyer to help. Battery Charges in Florida. If a battery is reclassified, a person is subject to a greater penalty. A child who is subjected to these kinds of punishments misses out entirely on having a "normal" life, and these charges will be a stain on their personal and professional reputation, inhibiting their ability to assimilate into society in the future. 041; - Domestic Violence Battery, Florida Statute 741. 2d 1096, 1099 (Fla. 2d DCA 1984) (stabbing money bag held by victim sufficient to constitute battery).
You did not intend to make content with the victim or cause harm. Without knowing all the facts, the prosecutor can go to trial blindly. Contradictory statements made by the "victim". The typical plea offer on a Simple Battery could be: Probation, anger management classes, no victim contact, court costs, and even community service. Since they are related and commonly conflated, assault and battery are often confused. The victim was 65 year of age or older. In Davis v. Washington, 547 U. S. 813 (2006), the Supreme Court ruled that a statement "[is] non-testimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency. How to beat a battery charge in florida building. There are 4 enhanced forms of assault and battery when the victim is 65 years of age or older: - Assault on a Person 65 Years of Age or Older. There is a mandatory 3 year prison term. As you can see, a battery can occur from something minor, such as grabbing another person's arm; or a battery could also occur by throwing something that strikes another person. The State doesn't have to prove that you knew the victim was 65 years of age or older. We ask that you consider our South Florida Criminal Defense Attorneys. Battery is where the defendant intentionally touched the victim without their consent.
Felony Battery Charges In Florida
This is sometimes called "simple" battery. There are often good options to beat the case and dismissed entirely, or get charges reduced. If you or your loved one are facing criminal charges for assault and battery in Florida, there are different legal paths that you could pursue. How to Beat Aggravated Assault in Florida. Under Florida Statute, people convicted of domestic violence must complete the Batterer's Intervention Program, a full year of probation, and any other sanctions ordered by the judge. In order for the state to convict you of assault on an elderly person, the state must prove: - You intentionally and illegally threatened (by word or action) to hurt the victim; - While you were threatening the victim, you looked like he could actually hurt the victim; - The victim had a reasonable fear that he was about to be hurt; and. One of our attorneys can inform the prosecutor and ask that you be correctly charged. Adult battery charges could carry as severe a sentence as up to 15 years in adult prison and fines up to $5, 000.
It can be dangerous to simply choose a strategy and try to defend yourself. Keep in mind that the victim of an assault has to experience a reasonable fear. Burglary, Theft or Robbery. Florida Supreme Court Standard Jury Instructions for Criminal Cases 8. Hubbs Law Firm represents clients in Miami, Miami Beach, Coral Gables, Hialeah, Miami Gardens, North Miami, South Miami, Homestead, Palmetto Bay and anywhere else in the county. Call us now to talk about your Florida assault and battery charges to speak with an attorney who has handled cases like yours. 021 — Aggravated Battery — Read the language of the Florida law related to aggravated battery. We are Aggravated Battery on a Pregnant Woman attorneys located in West Palm Beach.
Working with an experienced criminal defense attorney is your best chance to get the charges dropped or reduced. Previous convictions for battery increase the maximum penalty the accused faces. The victim's credibility is at issue. Contact the Law Office of Dean Tsourakis Today. Also, police officers deal with a lot of battery cases and can forget what happened in a particular case. Is there a statute of limitations on battery in Florida? Self-defense can be a solid defense if you face charges of assault and battery. You can't be found guilty of striking someone if you were in the process of protecting yourself from their attack. Consent or Mutual Combat. No Requirement of Injury.
However, you must act quickly in order to build the strongest possible defense. This happens many times even where the battery charge is the defendant's first ever criminal charge. A simple assault is a second-degree misdemeanor. Battery as defined by the state occurs when a person: An example of juvenile battery would be a minor physically attacking another minor at school or a local park. 041; - Domestic Violence Battery. Using Deadly Force to Defend Yourself.
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