A Jacksonville Criminal Defense Lawyer has seen many defendants charged with Battery, but they do completely understand what actually constitutes Battery and the difference between Battery and Assault. My hopes are this Jacksonville Criminal Defense Lawyer Blog will clarify the misconception of Battery.
Simple Battery is defined within Florida Statute § 784.03, which states
1. Actually and intentionally touches or strikes a person against the will of the other; or
2. Intentionally causes bodily harm to another person.
But, what does that mean for a Jacksonville Criminal Defendant? It means if you strike, punch, kick, grab, or throw something at another individual you could be charged with Battery. Furthermore, an injury does not have to occur to be charged; all Battery is, is the un-consensual touching of another. This is a very low standard and can hold serious penalties if convicted. Simple Battery is a first-degree misdemeanor and could face up to 1 year in jail, a year of probation, and/or up to $1,000.00 in fines.
There are defenses to Battery that a Jacksonville Criminal Defense Lawyer can utilize in your case to attempt to reduce or dismiss the charges against you. There are two formal defenses to Battery, self-defense and consent. Self-defense is the justified use of force to prevent injury or serious bodily harm that is imminent. For instance, if someone is about to attack you without provocation, you have a right to defend yourself. Consent, negates an element of Battery. Since Battery is the un-consensual touching, if you have consent to touch, there cannot be a Battery. This occurs with most athletic events.
Florida law allows for distinctions between Simple Battery, Aggravated Battery, and Felony Battery. Mostly the difference lies in the amount of harm that is inflicted upon the victim. For instance, felony battery requires great bodily harm, permanent disfigurement, or permanent disability. In contrast, Simple Battery only requires an un-consensual toughing. Also, as the injuries escalate so do the penalties that could be imposed.
Battery has both Criminal and Civil implications. This means you could face criminal charges and in addition have a civil judgment filed against you. It is in your best interest to contact a Jacksonville Criminal Defense Lawyer if you or a loved one have been charged or have charges pending against you for Battery. They will be able to evaluate your case and determine the best course of action in moving forward.