Fort Myers Battery Defense Lawyer
While assault may merely involve threats, a battery charge happens when physical contact is made. This is defined in Florida Statutes § 784.03. The action has to be intentional, but may or may not lead to serious harm.
At Cantor & Cantor, we bring over 20 years of experience to battery cases. We also offer free consultations, making it easy to meet with our lawyers and learn more about your legal options. If you are facing charges and you need a defense attorney in Fort Myers, call now.
What Does Florida Law Consider Battery?
Battery is defined as the intentional act of physically striking another person and causing harm. This is done against their will and is not self-defense. The level of harm can impact the type of charge – misdemeanor or felony.
Understanding The Different Types Of Battery In Florida
Not all battery charges are the same, and the following are the main categories under Florida law:
Misdemeanor/Simple Battery
This could be as minor as shoving or slapping someone, and may not lead to long-term harm. It is a misdemeanor. The maximum jail term is a year, and fines may also be applied.
Aggravated Battery
This is a more significant type of contact that causes serious bodily injury. It may lead to disability or disfigurement. The use of a weapon qualifies as aggravated battery. It is a second-degree felony charge, which means a permanent record and a prison term of up to 15 years.
Felony Battery
This is a third-degree felony and the charge may be used when the victim suffers serious bodily injury. The maximum prison sentence is five years.
Domestic Violence Battery
This is a form of battery carried out against a person within the aggressor’s household, such as a spouse or a child. It is also a misdemeanor and may lead to fines of $1,000 and a one-year prison term.
What Are Common Defenses For Battery In Florida?
Common defense to battery charges include:
- Self-defense
- Negligence or accidental harm (lack of intent)
- No proof beyond a reasonable doubt
- Inaccurate witness statements
- Mistakes made by law enforcement
Every case is unique and our team can help you determine how to proceed.
Call Now For A Free Consultation
If you would like to set up a free consultation with our experienced defense attorneys, use the online form or dial 239-494-3164 today.