16th Apr 2019
When facing any type of criminal charges, it is important to consult with a knowledgeable criminal defense attorney in Miami Dade who can explain the nature of the offense, the possible punishment and defenses that may apply. Below is information that an experienced criminal defense attorney in Miami Dade will discuss with you during your initial consultation.
Definition of the Crime of Battery
Florida defines battery as the actual and intentional touching or striking of another individual without his or her consent. In order to secure a conviction, a prosecutor must prove by proof beyond a reasonable doubt that you satisfied every element of the crime. In most situations, a person is charged with the crime of “simple battery.” However, if there are aggravating factors like causing serious injuries or using a weapon during the commission of the crime, you may be charged with other offenses.
Penalties for Misdemeanor Battery
Simple battery is considered a first-degree misdemeanor in Florida, which carries a maximum penalty of up to one year in jail. You may face other consequences, such as being required to pay a fine, participate in domestic violence education or pay restitution.
Possible Defenses to Battery Charges
The possible defenses that may apply in a battery case depend on the specific circumstances of your case. Common defenses include:
- Lack of intent
- Mutual combat
Your criminal defense attorney will discuss the particular circumstances involved in your case and determine what defenses may apply in your case.