Anyone can easily be charged with a battery offense, as it is merely touching a person against their will. This can include poking someone, pinching someone, grabbing someone, or a variety of other acts that could be considered battery if they were done intentionally against the other person’s will.
Since battery can be almost anything, there are a variety of battery offenses defined under the Florida Statutes, including:
- Simple Battery
- Felony Battery
- Aggravated Battery
- Battery by Strangulation
- Sexual Battery
Although battery can easily be committed, a conviction can still result in serious penalties, including jail time, fines, loss of an ability to own or possess a firearm, negative effects on employment or educational opportunities, and even possible requirements to register as a sex offender depending on the type of battery.
Orlando, Florida Battery Defense Attorneys
If you have been charged with Battery in Orange County, Florida, contact the experienced defense attorneys at the law office of Hale & Hale. The attorneys at Hale & Hale are knowledgeable in all areas of Florida’s battery and violent crime laws, and will make every effort to help you find applicable defenses or mitigating factors to reduce or dismiss the charges in your particular situation. Call the attorneys of Hale & Hale today at (407) 425-4640 for a consultation about your alleged battery offense.
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Battery Offenses Defined in Florida Law
According to Fla. Stat. § 784.03, simple battery can occur if a person:
- Actually and intentionally touches or strikes another person against their will; or
- Intentionally causes bodily harm to another person.
Felony battery occurs, according to Fla. Stat. § 784.041 if a person:
- Intentionally touches another person against their will in any way; and
- Causes that person permanent disfigurement or disability or great bodily harm.
Felony battery can also occur of an alleged offender has one prior battery conviction and subsequently commits another battery offense.
Under Fla. Stat. § 784.045, aggravated battery occurs when the alleged offender intentionally and knowingly causes great bodily harm or permanent disability or disfigurement to the alleged victim or uses a deadly weapon when committing another battery. It is also aggravated battery if the alleged offender knew or should have known the alleged victim was pregnant when the battery occurred.
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Domestic Violence Related Types of Battery
Under Fla. Stat. § 784.041, domestic battery by strangulation occurs when an alleged offender intentionally and knowingly prevents the breathing or the circulation of blood of another person who is a family or household member or who is in a dating relationship, against their will. The act must be from the application of pressure on the victim’s neck or throat, or by blocking their nose or mouth, and it must cause great bodily harm.
According to Chapter 794 of the Florida Statutes, sexual battery can be oral, anal or vaginal penetration by the sexual organ of another person or any other object. These offenses can range from offenses that are felonies of the second degree to offenses that are capital felonies. This offense can vary in degree and punishment depending on:
- The victim’s age,
- The age of the alleged offender,
- The degree of injury,
- Whether deadly weapons or physical force were used,
- The victim’s consent,
- Whether the victim was helpless,
- Whether the victim was incapacitated,
- Whether the victim was intoxicated,
- Whether threat of force or coercion were used,
- Whether the victim was mentally defective, or
- Whether the offender was a law enforcement officer.
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Battery Against Certain People
Florida law provides for reclassification of battery offenses against certain classes of people. For example, if someone would normally be charged with a battery that was punishable as a misdemeanor of the first degree, this offense would be upgraded to a felony of the third degree. If a person commits a felony battery against one of the protected classes, the offense would be upgraded from a felony of the third degree to a felony of the second degree. Finally, if a person would normally be charged with an aggravated battery, the offense would be reclassified from a felony of the second degree to a felony of the first degree.
These classes under Chapter 784 of the Florida Statutes can include:
- Battery Against Law Enforcement Officers, Firefighters, Emergency Medical Care Providers, Public Transit Employees or Agents, or other specified officers
- Battery on Commitment Facility Staff or a Juvenile Probation Officer
- Battery on Health Services Personnel
- Battery on Facility Employee by Use of Certain Fluids or Materials
- Battery on Persons 65 or Older
- Battery on Specified Officials or Employees
- Battery by a Person Detained in Prison, Jail or other Detention Facility
- Battery on Code Inspectors
- Battery of a Child by the Use of Certain Fluids or Materials
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Potential Penalties for Battery in Florida
If someone is convicted of causing battery to another person, they can be sentenced to either misdemeanor or felony penalties, depending on prior convictions of the offender, the degree of battery, the type of victim, and whether the battery was committed with a deadly weapon.
- A person who is convicted of misdemeanor battery can result in a conviction for a Misdemeanor of the First Degree. A conviction for this offense can result in a jail sentence up to one year and/or fines not exceeding $1,000.
- Felony Battery, Domestic Battery by Strangulation or upgraded simple battery can result in a Felony of the Third Degree conviction. The penalties for a conviction of this offense can result in a prison sentence up to five years and/or fines up to $5,000.
- Aggravated Battery or upgraded Felony Battery can lead to a Felony of the Second Degree conviction. A person who is convicted of this offense can be sentenced to no more than 15 years in prison and/or fines not more than $10,000.
- An upgraded Aggravated Battery offense could lead to a conviction of a Felony of the First Degree. This offense can be punishable by fines up to $10,000 and/or a Florida prison sentence up to 30 years or life imprisonment.
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Hale & Hale, P.A. | Orlando Battery Defense Attorneys
Contact the attorneys at Hale & Hale, P.A. to discuss the particular facts of your alleged battery offense in Orange County, Florida, and the surrounding areas of Seminole County, Osceola County, Winter Park, Orlando and Kissimmee. The attorneys at Hale & Hale will make every effort to help you avoid the most serious repercussions and consequences for the battery charges against you. Contact the attorneys of Hale & Hale, P.A. at (407) 425-4640 for a consultation about your battery violent crime in Orlando, Florida.