Understanding Battery Charges
When a juror serves for a battery trial in Florida, they are provided with a set of instructions that explain how innocence or guilt should be determined.
They read as follows:
“To prove the crime of battery, the State must prove the following elements beyond a reasonable doubt:
1. (Defendant) actually and intentionally touched or struck (victim) against [his] or [her] will.
2. (Defendant) intentionally caused bodily harm to (victim).
An experienced criminal attorney like the ones at Flynn Law understands the way that prosecutors look at these lawsuits. This edge allows them to plead the best case possible when you’re facing battery charges.
If you want the highest chance at securing your freedom and overturning these allegations, it’s crucial to understand how battery cases in Florida work.How Is Battery Defined?
Under Florida statute 784.03, battery is defined as:
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
While assault is defined as the threat to cause physical bodily harm, battery is the actual act of doing so. When battery occurs between one family or household member against another, it becomes classified as domestic battery.What are the Penalties for Battery in Florida?
Depending on the severity of the crime, the sentence for battery in the state of Florida can involve a combination of different penalties, including:
- Completion of a court-approved Batterer’s Intervention Program
- Up to 1-year in jail
- Up to 1-year probation
- Up to $1,000 in fines
- Community service hours
- Loss of important civil liberties, i.e., concealed carry rights
As with so many things in life, no two battery cases are the same. For this reason, it’s imperative to hire an attorney rather than try the case on your own.
Often, defendants without proper counsel will be bullied into taking a plea bargain instead of going to trial. What they don’t understand, however, is the pleas still result in disciplinary actions that often outweigh the offense itself.
- Mandatory jail time in cases with injuries
- Permanent criminal record
- Deportable offense, if applicable
- Ineligible for Sealing or Expungement
- Obligatory counseling
An experienced Manatee County criminal attorney will have the knowledge needed to ensure you receive the fair trial you deserve.Contact Flynn Law for a Free Consultation
If you’ve been accused of battery and aren’t sure what to do next, let us help.
Our team at Flynn Law understands this is a difficult time. We want to do everything we can to protect your rights and help you plead your case successfully.
If you’re interested in setting up a free consultation, give our office a call at 941-800-1140 today.