Battery Charges

What is Battery?

Perhaps no crime results in as many wrongful arrests as does Battery. In Florida, Battery is defined as “actually and intentionally touch(ing) or strik(ing) another person against the will of the other, or intentionally caus(ing) bodily harm to another person.” This is usually a misdemeanor charge (which means you can receive up to a year in jail and a $1,000 fine), but a host of factors can result in a battery being enhanced to a felony. These include: the alleged victim being 65 years of age or older, or pregnant; the infliction of great bodily harm; the choking or strangling of the alleged domestic partner victim; and the use of a deadly weapon to commit the battery.

There is often a great deal of pressure on the police to make an arrest when they are called out to a disturbance in which a Battery is alleged. This increases the likelihood they will make a mistake and arrest someone wrongfully. Batteries are also often alleged when both parties to the argument have been drinking or are angry with each other. For these reasons, Batteries are very often (but not always) ultimately dismissed by the State due to insufficient evidence.


Charged with Battery?

If you are charged with a Battery, it is very possible that you were acting to defend yourself. As you probably know, if you are in fear for your safety it is lawful to use force to defend yourself in most circumstances. If this is the case, make sure you take photographs as soon as possible of any injuries you may have sustained, because the police will not always do this themselves. Also make sure to collect the names, addresses and phone numbers of any witnesses to the conflict (or the lead-up to the conflict). Ben is very familiar with self-defense law in Florida and wrote an article in the Barry Law Review on Florida’s “Stand Your Ground” law.

If you or a loved one are charged with Battery, please contact Ben as soon as possible so we can discuss your options.

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