Battery, like assault, is a very serious crime in Port Charlotte, Florida. The penalties that offenders can face if convicted are harsh. In Port Charlotte, battery (frequently referred to as simple battery) can be charged as either a misdemeanor or a felony. The crime involves individuals who do not share a biological child or have never lived with one another. The severity of the penalties that offenders face differs depending on the circumstances of their criminal case. If you or someone you know are facing charges for battery in Port Charlotte, FL., you should contact us at The Law Place today for a free consultation. Our law firm has a team of reputable defense lawyers who strive to prevent our clients from being convicted. A criminal defense lawyer will be able to build you a strong defense case and help you navigate through the complex battery laws in Port Charlotte, Florida.
As battery simply involves a person touching another person against their will, it is easy to see how so many people get charged with battery in Port Charlotte. For example, an action as simple as pinching another person could see you facing battery charges if you intentionally committed the action against the other person’s will. Battery is a serious crime and should not be taken lightly. We strongly recommend that you contact us at The Law Place today for a free consultation if you are facing battery charges. You will be able to ask a lawyer all the questions that you may have, and your criminal defense lawyer will be able to give you some honest, unbiased legal advice. Our law firm has offices all over Florida, so we can help you in Port Charlotte, Florida. Call us now at (941) 444-4444.
Definition of Battery
The crime of battery is outlined under Florida Statute 784.03. The term battery in Florida law simply involves:
- Any intentional and actual striking or touching of another person without their consent or against that person’s will.
- Intentionally causing bodily harm to another person.
If there are no enhancements or aggravating factors involved, such as serious bodily harm, domestic violence, or the use of a weapon, the offense committed against the other person is referred to as “simple battery” or “misdemeanor battery” in Port Charlotte. Some additional elements that should be considered in a simple battery charge are intent requirement, consent, and mutual combat.
What Are the Differences Between Battery and Assault?
Many people in Port Charlotte, Florida, are confused and uncertain about the differences between the crimes of battery and assault. However, the difference is fairly simple. Assault charges in Port Charlotte, Florida, relate to the threat of physical harm, where as battery charges involve the actual infliction of physical harm. The penalties that assault and battery offenders can expect to face will vary greatly depending on the specific circumstances of their criminal cases. They both can range anywhere from misdemeanors to third-degree felonies. Offenders in Port Charlotte can be charged with:
- Simple battery – This involves an offender physically harming another person, usually by a form of physical contact. It is commonly classified as a misdemeanor.
- Aggravated battery – This is a more serious battery charge. It usually involves a more severe form of physical violence, such as the use of weapons. This is classified as a felony charge.
- Simple assault – This charge involves an offender threatens someone to fear impending violence. Simple assaults against some special victims, such as public servants or police officers, are classified as felonies.
- Aggravated assault – This charge is usually handed out to offenders who use weapons or more severe forms of threats. Unsurprisingly, this is deemed more serious than a simple assault charge and, therefore, offenders could expect to face third-degree felony charges.
The best thing that you can do if you are facing either Battery or Assault charges in Port Charlotte, Florida, is to contact a criminal defense attorney at The Law Place today. Our law firm can help you.
Penalties Associated With Battery in Port Charlotte, FL.
If you are charged with Battery in Port Charlotte, FL., you will likely be facing a first-degree misdemeanor charge. If convicted of this charge, you can expect to face the following penalties:
- Twelve months of probation.
- A maximum fine of $1,000.
- Up to twelve months in a Florida county jail.
Whether you will be sentenced with a jail sentence in Port Charlotte, Florida for battery will very much depend on many factors. For example, it will be taken into consideration by your judge whether you have a prior criminal record, the strength of the prosecutor’s case, the extent of or existence of the alleged injuries of the victim, the preferences and status of the alleged victim, and whether your criminal case has been represented strongly by a reputable Florida defense lawyer.
You should seek the help of a defense lawyer at The Law Place if you are facing battery charges in Port Charlotte, FL. Your defense lawyer will fight to defend your criminal case as best as they can to try and ensure that you won’t have to face any penalties. Don’t hesitate to contact us today. In a free consultation, a defense lawyer at our law firm will be able to answer any questions that you may have and examine your criminal case to determine your best legal options.
Possible Defenses for Your Charges of Battery in Port Charlotte, FL.
The defenses that your defense lawyer at The Law Place will use to fight your criminal case in Port Charlotte will depend on several of the circumstances of your case. Our law firm has a wealth of experience helping clients fight their battery charges in Port Charlotte, and some of the common defenses that our defense lawyers use that may be able to be applied to your criminal case include:
- There was a lack of intent on your part.
- The touching was purely accidental.
- The alleged victim did consent to be touched by you.
- You were simply acting in self-defense.
- You were engaged in mutual combat with the alleged victim.
- You were acting in the defense of another person.
- There is a lack of evidence showing that you did touch the alleged victim in Port Charlotte.
Contact The Law Place Today!
At The Law Place, we are strongly committed to helping our clients escape the harsh penalties for battery charges in Port Charlotte, FL. A defense lawyer will fight as hard as they can to try and get their client’s charges reduced or dismissed. However, if this is not possible and the prosecutor insists on persecution, the defense lawyer working on the case will pursue all the legal defenses available in an attempt to minimize the penalties that their client will have to face.
Call us today if you are facing charges in Port Charlotte, and a defense lawyer will be able to examine your case to determine your best legal options. We are available 24 hours a day, seven days a week, to listen to your call. Call us to schedule a free consultation with a reputable defense lawyer now at (941) 444-4444.