15th Mar 2016

A criminal defense attorney in Broward County can explain that a conviction of a battery charge can spell serious consequences for the defendant.  Because battery is considered a violent offense, it is often aggressively pursued by the prosecution.  However, a criminal defense attorney in Broward County can help protect your rights and provide you with a defense to these serious charges.

Definition of Battery

Florida’s criminal statute defines battery as the act of intentionally or knowingly touching another person without his or her consent or of intentionally causing bodily harm to another person.  In contrast to assault, some physical touch or contact must occur for a battery to occur.  It is common for assault to be charged alongside battery.  Assault involves putting the other person in apprehension of an impending offensive or harmful contact.  A battery is considered aggravated if the contact results in permanent disability, permanent disfigurement or great bodily harm or if the victim was pregnant and the perpetrator knew this.

Penalties

Simple battery is considered a first degree misdemeanor, which has a maximum punishment of one year in jail and a $1,000 fine.  A Second Offense Battery is considered a third degree felony with a maximum punishment of five years in jail and a fine of $5,000. Aggravated battery is a second degree felony with a maximum penalty of 15 years in jail and a $10,000 fine.  If the perpetrator has an existing criminal record at the time of the offense, the court has the discretion to lengthen the sentence.  Additionally, the court can impose probation on the defendant.  During time on probation, the defendant must comply with certain requirements, or he or she can go back to jail.

A criminal defense lawyer can review the circumstances involved in the case and try to get the charges dismissed or reduced.

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