In order to convict you of the offense of “battery1” under Florida law, a prosecutor must prove the following elements:
- You intentionally touched another individual, and
- The touching was against their will, offensive, or harmful to that individual.
Though most people associate battery with hitting, striking, or otherwise harming another person, in reality no harm need occur for a battery charge to result. For example, if another person stated, “Do not touch me,” and then you intentionally lightly touched their arm, you may find yourself facing battery charges under Florida law.
Defenses To Battery
Battery must be intentional, so a common defense is to show the touching occurred on accident. Proving your state of mind at the time of the touching can be challenging, though an experienced battery defense attorney knows how to present evidence indicating you had no intention of offensively touching the alleged victim. Another common defense to battery is to demonstrate that you were acting in self-defense or in defense of another person. Such defenses are complicated legal principles that require a very specific showing in court, so you should always have representation by a skilled criminal lawyer if you plan to assert such defenses. Led by criminal defense attorney Stephen G. Cobb, the legal team at the Cobb Criminal Defense Law Firm works to thoroughly investigate every possible defense in your case and to support those defenses by convincing evidence to mitigate the consequences you face or have your battery charges completely dismissed. If you have been charged with battery in Florida, contact our office as soon as possible to discuss your case. Penalties in a Florida battery case Depending on the details of your specific battery allegations, you may face one of the following charges:
- Misdemeanor battery, non-domestic
- Misdemeanor battery, domestic violence
- Felony battery due to prior battery convictions
- Felony battery by strangulation2, domestic violence
- Felony aggravated battery3, non-domestic
- Felony aggravated battery, domestic violence
- Felony aggravated battery with a firearm
If the prosecutor alleges that you simply touched someone’s arm, you may face up to one year in jail or more if you have prior battery convictions on your record. On the other hand, if you caused great bodily harm to the alleged victim or used a firearm, you could face 15 to 20 years in state prison. Due to the potentially severe penalties for battery and the available legal defenses to battery charges, your first step after arrest should always be to contact an experienced Florida criminal defense attorney. Attorney Stephen G. Cobb has extensive courtroom experience and his legal team at the Cobb Criminal Defense Law Firm provides invaluable support in every case. If you are facing battery charges, call our office at (850) 423-0035 for help today.
Get your questions answered - call me for your free, 20 min phone consultation (850) 423-0035