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:

(1) A person commits felony battery if he or she:
(a) Actually and intentionally touches or strikes another person against the will of the other; and
(b) Causes great bodily harm, permanent disability, or permanent disfigurement.
(2)   (a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.
(b) As used in this subsection, the term:
1. “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
2. “Dating relationship” means a continuing and significant relationship of a romantic or intimate nature.
(3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in sections 775.082, 83, and 84.

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.

Tell Us About Your Case

Jay Arnesen is a retired police officer turned criminal defense attorney who now defends clients charged with criminal and traffic (DUI) offenses in South Florida. With offices conveniently located in Fort Lauderdale and Boca Raton, Mr. Arnesen appears in courts throughout South Florida on a regular basis. Protect your rights; contact experienced criminal defense lawyer Jay Arnesen anytime for a free initial consultation at 866-317-5164.

Arnesen Law, P.A.

Areas We Serve

Palm Beach County, Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes, Cloud Lake, Delray Beach. Glen Ridge, Greenacres, Gulf Stream, Haverhill, Highland Beach, Juno Beach, Jupiter, Lake Park, Lake Worth, Manalapan, North Palm Beach, Ocean Ridge, Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, Wellington, West Palm Beach

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Boca Raton

1825 NW Corporate Blvd. Suite 110

Boca Raton, FL 33431

  (866) 347-6296  

Fort Lauderdale

633 South Andrews Avenue

Fort Lauderdale, FL 33301

  (866) 317-5164  

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