When push comes to shove – it becomes battery.
Battery can be defined as;
Actually and intentionally touching or striking another person against the will of the other; or intentionally causing bodily harm to another person.
Battery can be a misdemeanor (simple battery) or aggravated battery (which carries harsher consequences). A simple battery charge may carry penalties of up to 1 year in jail or 1 year of probation, along with fines up to $1,000. Injury is not required for a battery charge to be levied against a person. In fact, touching is not necessary to be charged with battery in the state of Florida; a purse being snatched or an object thrown at another is enough to be considered battery. This is not a charge to be taken lightly!
A person’s past history of violence, run-ins with the law, and the relationship between the defendant and victim will all be assessed when the penalty is decided. Aggravated battery involves intentional infliction of great bodily harm, use of a deadly weapon, or battering of a pregnant person. Aggravated battery carries penalties of up to 15 years in jail or 15 years’ probation, and fines up to $10,000.
The levels of seriousness of the charges are Assault – Battery – Aggravated Assault – Aggregated Battery. As you can see, being charged with battery is a serious charge and one that definitely needs an attorney to help argue the defendants case.
The testimony of the alleged victim is not always needed to be charged with battery. If eye witnesses see a person be hit as they back away and cry, battery can be charged. If 911 is called and the caller tells who hit them, and when they police arrive and see a red mark left by the hit – battery can be charged. Even if the victim wants to drop the charges, the state can arrest the defendant and build a case around what they believe occurred.
But battery is a highly defendable case, there are many questions the criminal defense attorney will ask, and the state must answer these questions and prove these charges. Some question asked might be:
- What is the history of the relationship between the two people?
- Are there injuries?
- Were photos taken, when and by whom?
- Was 911 called?
- Does the defendant have a history of violence?
- Was there motive?
- Are there any inconsistencies of the statements?
These questions show why a skilled criminal defense attorney is needed to help defend against charges.
The Law Office of Travis Koon is made up of skilled Florida criminal defense attorneys that have successfully defended battery cases in the past, and can speak with you about your case. We have offices throughout State of Florida, with offices located in Lake City, Gainesville and Miami, and can help you fight for your freedom. Call us today to defend any charges pending against you.