Criminal Battery can sometimes involve allegations filled with many gray areas that if presented properly to the court, may lead to successfully proving your innocence. Florida law stipulate that a criminal act of battery must be intentional. If the physical contact can be proven to be unintentional, then a conviction for criminal battery is not warranted.
Another issue regarding criminal battery allegations is whether or not you were defending yourself when the other party involved had invaded your personal space while making physical threats toward you. This also come into play when you are defending the physical safety of someone else that is in danger of eminent physical danger.
Another issue may include how much physical force you believed was necessary to eliminate the threat of eminent physical danger to you or the person you were defending or protecting.
Being accused, arrested or charged with a criminal battery crime does not always mean a conviction is automatic. To find out what your legal rights are, you should contact experienced legal counsel.
There are different variations of battery crimes that an individual may be charged with, depending on the specific circumstances, evidence collected against you, and sometimes even your prior criminal history:
Simple Battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person. Simple Battery is a misdemeanor of the first degree, punishable by up to a $1000 fine, twelve (12) months jail and/or probation.
Domestic Battery includes various forms of domestic violence against family members, against a person the accused is in a romantic relationship with, or others who reside at the residence with the accused. The degree of misdemeanor or felony domestic battery crime and conviction penalties will vary depending on multiple factors of the case.
Felony Battery & Domestic Battery by Strangulation: Felony Battery occurs when an individual actually and intentionally touches or strikes another person against the will of the other and causes great bodily harm, permanent disability, or permanent disfigurement. A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable by up to a $5,000 fine, five (5) years prison and/or probation.
Aggravated Battery is when a person who, in committing battery intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement or uses a deadly weapon. Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable by up to a $10,000 fine, fifteen (15) years prison and/or probation.
When arrested for a battery crime or other criminal charges, you have rights that must be protected. You have the right to have competent legal counsel present your side of the events in question in an effort to prove your innocence. Your legal counsel may also negotiate on your behalf to have the charges dropped, reduced, to allow you to enter into a plea deal or diversion program when available, and to negotiate for probation instead of jail or prison time.
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SANDRA RIVERA, P.A.