Pembroke Pines FL Battery Defense Lawyers
With offices in Fort Lauderdale, Florida
The criminal defense attorneys at the Law Offices of Jay Arnesen represent clients charged with assault offenses including felony battery and battery in Pembroke Pines, Deerfield Beach, and Fort Lauderdale, Florida. In fact, Mr. Arnesen’s law practice is dedicated solely to criminal and DUI defense. Prior to becoming a defense attorney, Mr. Arnesen was an active police officer. As a result, he has all the advanced law enforcement training and tactics that the police officer who arrested you has. This highly technical expertise allows Mr. Arnesen to attack all elements of police policies and procedures related to your case. For additional information and immediate assistance please contact our offices anytime at 866-317-5164. The initial consultation is always provided free of charge.
Battery and Felony Battery: The Law
Battery, under Florida Law, is governed by Chapter 784, Section 21, which provides, in pertinent part:
(1) (1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree. “Conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of “no contest” is entered.
Charges for felony battery and domestic battery by strangulation are governed under a separate statute than typical battery offenses, as these crimes are considered more serious and thus, entail harsher penalties. The fundamental distinction between charges for battery and those for felony battery or domestic battery by strangulation depend on the nature of the injuries to the alleged victim. As detailed below, felony battery must result in “great bodily harm, permanent disability, or permanent disfigurement,” whereas simple battery charges can apply in any case in which the victim sustains bodily injury of some kind.
Felony battery is governed by Chapter 784, Section 41 of the Florida Statutes which provides:
Penalties for Battery and Felony Battery: What am I facing?
Felony battery or Domestic Battery by Strangulation is a third degree crime which provides for a maximum sentence of 5 years in prison, up to 5 years of probation, and fines not to exceed $5,000. Misdemeanor battery, on the other hand, is a first degree misdemeanor, and provides for a maximum term of 1 year in the county jail and fines not to exceed $1,000.
For additional information, contact our Fort Lauderdale criminal defense lawyers anytime for a free initial consultation at 866-317-5164.