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Q: What Happens When Arrested for Battery?

In the Florida, being arrested for battery is a serious offense.

According to Fort Lauderdale Battery Defense Attorney, the offense of battery takes place when a person willfully and unlawfully strikes or touches another person without his or her consent, and causes some bodily harm. Hence, even a push or a harsh touch is considered battery if it results in bodily harm.

Bodily harm is taken to be damage to the physical condition of the person that results in illness or pain. Additionally, there need not be visual proof of bodily harm, and the testimony of the victim that he or she was hurt is usually enough. However, battery has been categorized into different categories depending on the circumstances and severity of the crime, and resultant penalties. – Broward County Battery Lawyer

Arrested for Battery: Types and Charges Misdemeanor Battery

This includes minor acts like pushing someone, grabbing another person’s arm, or striking anybody. This offense is a first degree misdemeanor charge punishable by up to $1,000 fine, one year probation, one year jail time, or any combination of these penalties. However, if the victim is a firefighter, emergency care provider, or a law enforcement officer, the charges are reclassified to second or first degree felony depending on the case. The charges are also escalated depending on the extent of bodily harm caused by the offender. – FL Assault & Battery Lawyer

Domestic Violence Battery

Domestic violence occurs when member of a family or household causes bodily harm to another member of the family or household. In Florida, domestic violence cases are prosecuted aggressively, and if there are physical injuries there is a mandatory jail term, and penalties can include permanent criminal record that cannot be expunged or sealed, and mandatory intervention programs. It is also a deportable offense if an immigrant is involved.

Domestic Battery by Strangulation

This crime occurs when the alleged offender willfully and knowingly blocks blood circulation or breathing in the victim against their will, either by squeezing the throat or by covering their nose or mouth. This is a third degree felony and apart from the five-day mandatory minimum jail term, the punishment will include up to $5,000 fine, five-year probation, five-year jail term, or a combination of the three penalties. – Criminal Defense Lawyer

Aggravated Battery

According to legal definition, aggravated battery is committed in either of the following ways:

  • Willfully causing greater bodily harm, permanent disfigurement or permanent disability, as a result of battering someone
  • The offender uses a deadly weapon during the battery
  • Causing bodily harm to a pregnant female, while knowing about her condition

Aggravated battery is a second degree felony offense, with a minimum mandatory sentence of 21 months jail time. Additionally the judge can also impose up to $10,000 fine, 15 years’ probation, 15 years jail sentence, or any combination of the three penalties.

Arrested for Battery Defenses

A battery lawyer in Broward County, Florida can construct effective defense strategies depending on the circumstances surrounding the case and the type of battery charges the person is facing.

Here are some commonly used defenses in battery case:

  • Self Defense, self-defense can be used as defense against battery charges, as long as the force was justified to defend oneself or other people against unlawful attack, and the force used was not deadly.
  • Insufficient Intent, the intent can be a powerful defense strategy, especially when the act was unintentional or the intent was to help somebody. For instance, if a person has touched to help someone without his or her consent or a tantrum of a child causes injury.
  • Consent, one of the main elements of proving battery is contact made against the will of the person. Hence, consent can be a defense if it can be proved that the person willingly accepted the contact.–Criminal Assault & Battery Attorney in Fort Lauderdale

By William R. Moore

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