abstract road


Fort Lauderdale Battery Defense Attorney

The Difference Between Assault and Battery

Assault and battery are often grouped together, but they are defined separately under the law. While assault involves the threatening of physical harm, battery is defined as an act in which actual physical contact is made against the will of another person that usually results in harm. More specifically, Florida Code § 784.03 defines battery as one person actually and intentionally touching or striking another person or intentionally causing another person bodily harm.

This offense is typically charged as a misdemeanor in the first degree; however, there are varying degrees of battery, and a defendant may end up facing felony charges if the injuries caused result in death, permanent disabilities or disfigurement. For this reason, it may be in your best interest to enlist the help of an experienced criminal defense attorney in Fort Lauderdale if you have been charged with battery – even if the charges do not seem that serious.

The penalties for a first degree misdemeanor may include:

  • Up to one year in county jail
  • Up to $1,000 in fines
  • Up to one year of probation

The Penalties for Aggravated Battery in Florida

In Florida, your charges could be increased to "aggravated battery" if it can be proven that you had a) intentionally or knowingly caused another person great bodily harm, permanent disability or permanent disfigurement, b) used a deadly weapon during the assault or c) committed a battery offense against a person who you knew, or should have known, was pregnant. This is a felony in the second degree, so you should not attempt to fight these charges alone.

The penalties for a second degree felony may include:

  • Up to fifteen years in state prison
  • Up to $10,000 in fines
  • Up to fifteen years of probation

Building a Strong Defense Against Your Battery Charges

Once you contact Parks & Braxton, PA about your charges, we will be assertive in the investigation and defense of your rights. It may be that your rights were violated during your arrest, the evidence brought against you is faulty, you were acting in self-defense, you were standing your ground or the other party consented to "mutual combat." Whatever the situation may be, you can be confident that we will pursue every method of defense on your behalf.

The penalties for battery in Florida will increase depending on whether you are charged with simple battery, aggravated battery or felony battery. If you have any prior convictions, keep in mind that this is another "strike" according to the three strikes law, and you must take these charges seriously. Don't hesitate to secure the help of an experienced attorney at our firm. We have successfully handled thousands of criminal charges, and we are here to help you.

Don't Fight Your Charges Alone – Set Up Your Free Consult Today

If you have been accused of battery, it is highly recommended that you contact our firm immediately so that we can begin reviewing the circumstances surrounding your arrest. In order to fight for reduced charges and to prove your innocence, it is important for the evidence to be fresh. At Parks & Braxton, PA, we are intimately familiar with battery cases and the defense strategies that have proven to be effective in court. Our Fort Lauderdale criminal defense lawyers have successfully handled thousands of cases, and they are ready to take on even the most challenging of charges. We have the power to fight and the knowledge to win. Contact our firm 24/7 to schedule your free initial consultation.

Related Topics

Obtain Immediate Legal Help

To save your license, you must act within 10 days. Contact a partner about your case at (954) 519-2290 or fill out the form here.

Get in Touch Now