Battery, Felony Battery, Aggravated Battery

To prove the crime of simple of battery, the prosecutor must prove either that the defendant intentionally touched or struck the victim against his or her will, or that the defendant intentionally caused bodily harm to the victim. A simple battery is a misdemeanor of the first degree, punishable by a maximum of 364 days in the county jail.

To prove the crime of felony battery, the prosecutor must prove the defendant intentionally touched the victim against his or her will, and that the victim suffered great bodily harm, permanent disability, or permanent disfigurement. A felony battery can also be charged if a defendant commits a simple battery but has a prior conviction for a previous battery. A felony battery is a felony of the third degree, punishable by a maximum of five years in Florida state prison.

To prove the crime of aggravated battery, the prosecutor must first prove a battery, and then prove that the defendant intentionally caused the victim great bodily harm, permanent disability or permanent disfigurement. An aggravated battery could also occur if the defendant used a deadly weapon, or if the battery was committed on a pregnant woman and the defendant knew she was pregnant at the time.

Depending on the facts, an aggravated battery can be charged as a second degree felony punishable by a maximum of 15 years in Florida state prison, or a first degree felony punishable by a maximum of 30 years in Florida state prison. If the prosecutor alleges that the defendant used a deadly weapon and the victim suffered great bodily harm, aggravated battery becomes first degree felony punishable by a maximum of 30 years in Florida state prison.

There are a number of defenses to battery crimes. Sometimes witnesses and victims are biased and less than truthful; a good attorney can show a jury that the testimony of such witnesses is not trustworthy. Also, sometimes persons accused of battery have acted in self-defense. In Florida a person can stand his or her ground and meet force with force when threatened in a place he or she has a right to be.

Why Choose The Hardy Law Firm, P.A. for your battery case?
Attorney David C. Hardy has handled hundreds of battery cases. He is a former prosecutor and is Board Certified by the Florida Bar as an Expert in Criminal Trial Law. Of the more than 86,000 Florida lawyers, less than ½ of 1% have attained the distinction of Board Certification in Criminal Trial Law.

Contact The Hardy Law Firm, P.A. to meet with Attorney David C. Hardy and discuss the matter at no charge.

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