Battery / Aggravated Battery
St. Petersburg Battery Lawyer
If you have been arrested for Battery or Aggravated Battery in the Tampa Bay Area, including St. Petersburg, Clearwater, Pinellas County, Tampa, Hillsborough County, or any of the surrounding counties, contact the Morris Law Firm, St. Petersburg Criminal Defense Lawyer, for specific information about defending Battery and Aggravated Battery cases.
What is Battery?
Battery in St. Petersburg can occur if anyone touches or strikes another person against their will or intentionally causes them some kind of bodily harm.
Battery can involve almost any type of physical contact, such as slapping, poking, pinching, biting, pushing, touching, striking, or any other type of physical action against another person.
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Florida Law on Battery:
As defined in Fla. Stat. § 784.03(1)(a), an individual can be charged with battery in Florida if they:
- Actually and intentionally touch another person against their will, or
- Intentionally cause another person bodily harm.
Florida Law on Felony Battery:
An individual can be charged with felony battery in Florida if they have one prior battery, aggravated battery or felony battery conviction, according to Fla. Stat. § 784.03(2).
Additionally, under Fla. Stat. § 784.041(1), an individual can be charged with felony battery if they actually and intentionally touch or strike another person against their will and cause great bodily harm or permanent disability or disfigurement.
Fla. Stat. § 316.1933(1)(b) defines great or serious bodily harm as any injury to a person that:
- Creates a substantial risk of death,
- Causes serious disfigurement, or
- Results in impairment or the loss of any limb or bodily organ.
Florida Law on Aggravated Battery:
According to Fla. Stat. § 784.045(1), an individual can be charged with aggravated battery if they intentionally or knowingly:
- Cause great bodily harm, or permanent disability or disfigurement;
- Use a deadly weapon during the commission of the offense; or
- Commit a battery against a woman the alleged offender knew or had reason to know was pregnant at the time of the offense.
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Potential Penalties:
Battery offenses in St. Petersburg can result in serious penalties and repercussions, according to Fla. Stat. §§ 775.082, 775.083 and 775.084. The suggested statutory punishments for battery and aggravated battery offenses can increase depending on a variety of factors, including whether the alleged offender has a previous battery conviction or criminal history, whether a deadly weapon was present or used during the commission of the offense, whether the victim falls into a certain class of people, and/or the degree of injury that resulted from the offense.
- A conviction for a battery offense can result in a misdemeanor of the first degree, which is punishable by up to one year in jail and/or a fine not more than $1,000.
- A conviction for a second or subsequent battery offense or a felony battery offense can result in a felony of the third degree, which is punishable by a prison sentence up to five years and/or a fine up to $5,000.
- A conviction for an aggravated battery offense can result in a felony of the second degree, which is punishable by a prison sentence up to 15 years and/or a fine up to $10,000.
Enhanced Penalties for Certain Battery Charges:
According to Fla. Stat. § 784.07, .075, .076, .078, .08, .081, .082, .083 and .085, if the battery offense is allegedly committed against certain classes of individuals, the battery charges can be enhanced to the next degree of battery offense. For example, if an individual commits a misdemeanor of the first degree battery offense against any of the individuals listed below, their charges can be increased to a felony of the third degree battery offense. These classes of individuals can include:
- School employees,
- Elected officials,
- Law enforcement officers,
- Firefighters,
- Corrections officers,
- Public transit operators and employees,
- Parole officers,
- Code inspectors,
- Sports officials,
- Registered nurses,
- Physicians,
- Probation officers,
- Health service personnel,
- Emergency medical services personnel,
- Paramedics, and
- Individuals who are 65 or older.
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Issues / Potential Defenses:
Although a battery or aggravated battery conviction in Florida can result in serious punishments and consequences, the prosecutor must first prove the alleged offender committed every element of the offense beyond a reasonable doubt. This is a very high burden of proof and can be difficult to meet, as there can be a variety of defenses or mitigating factors that may create doubt in the prosecution’s case. A few of these defenses and factors may include:
- Constitutional Violations;
- Defense of Others;
- Defense of Property;
- Failure to Properly Give Miranda Warnings by Law Enforcement;
- Insufficient Evidence to Prove the Criminal Charges;
- Lack of Knowledge or Intent to Commit the Alleged Offense;
- Law Enforcement Procedural Violations;
- Mistaken Identity; and/or
- Self Defense.
If you have been accused of committing battery or aggravated battery throughout the Tampa Bay area of Florida, it is important to hire an experienced assault and battery lawyer who will make every effort to create the best legal strategy to refute the allegations against you.
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What To Do Next:
If you have been arrested:
1. Don't speak to the police - ask to have an attorney present.
2. Don't give a written statement – again, åask to have an attorney present.
3. Contact an attorney immediately.
4. Collect and document your own evidence.
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You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you. Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges. |
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Morris Law Firm, P.A. | Tampa Bay Aggravated Battery Attorney
If you have been arrested for Battery or Aggravated Battery, contact a St. Petersburg Assault and Battery Attorney to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation. The Morris Law Firm can help and has specific knowledge and experience in defending Battery and Aggravated Battery offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).