If you touch someone without their consent, you could face battery charges. A conviction could result in a large fine and a lengthy prison sentence.
The legal process in a battery prosecution often feels overwhelming, but hiring a seasoned criminal defense attorney from Jonathan Jay Kirschner, Esq., & Associates to represent your interests could reduce some of the stress. A skilled Fort Pierce battery lawyer could review the charges, explain the potential legal ramifications, and advocate on your behalf to resolve the matter.
The state recognizes different levels of battery, ranging from first-degree misdemeanors to third-degree felony offenses.
Florida Statutes Section 784.03 defines battery as intentionally touching or striking another person without their consent or intentionally causing bodily harm. Simple battery is a first-degree misdemeanor. A conviction could result in up to one year in prison and a maximum fine of $1,000. A prior battery conviction could lead to third-degree felony charges, which carry penalties of up to five years in prison and a maximum fine of $5,000.
Aggravated battery is a serious crime that brings harsh penalties upon conviction. Florida Statutes Section 784.045 defines aggravated battery as knowingly or intentionally causing disfigurement, disability, or great bodily harm, using a deadly weapon, or committing battery against a pregnant person. Aggravated battery is a second-degree felony, punishable by up to 15 years in prison and a maximum fine of $10,000.
State law treats battery offenses against certain groups differently. Committing battery against law enforcement officers, licensed security officers, health care workers, children, or elderly people could result in enhanced penalties.
Our skilled Fort Pierce attorneys handle all types of battery offenses and could help an individual fully understand the charges and potential penalties.
There are several possible defenses against battery charges, including:
One of the strongest defenses against a battery charge is to argue that no unlawful touching occurred. Unfortunately, people sometimes lie about battery incidents, and by the time the police arrive, determining what happened can be difficult. Battery allegations often involve conflicting narratives. Because the police cannot know for certain what happened, they might make an arrest to protect others. In some cases, a complainant may fabricate a battery allegation to gain an advantage in a custody or divorce dispute.
A qualified attorney from our firm could search for evidence proving that the battery did not happen. They could review video surveillance footage from the area and interview neighbors and bystanders. They could also analyze the complainant’s background to determine whether they had a reason to lie.
An individual might be able to argue that they were defending themselves or someone else. Florida Statutes Section 776.012 allows individuals to use force to defend themselves or others if they reasonably believe it is necessary against another person’s use of force. An attorney could investigate the complaining party’s criminal history. If the person has a prior history of battery or other violent crimes, a court may conclude that self-defense was necessary.
An experienced Fort Pierce lawyer could examine the facts to determine the best possible defense strategy against battery charges.
Most battery cases are not one-sided, and there is often more to the story than the charges imply. A skilled Fort Pierce battery lawyer could help you communicate the facts of your case by mounting an aggressive defense against the charges.
Contact the team at Jonathan Jay Kirschner, Esq., & Associates to learn more and begin building your defense today.
