Battery Crimes in Florida – Orlando Criminal Attorney

Battery crimes are considered crimes of violence and can have significant penalties, including minimum mandatory penalties. In these cases, it is not uncommon for the parties involved to know one another, and frequently the parties have conflicting stories about what occurred. If you have been arrested for battery crime, you should speak with an experienced Orlando criminal attorney at your earliest opportunity to learn about your rights and the defenses that may be available to you.

Battery:

Battery consists of a person actually or intentionally touching or striking another person against the will of the other; or intentionally causing bodily harm to another person. In some cases, the alleged crime may be that of a simple push which left no mark or physical injury on the victim. A simple battery is usually a 1st degree misdemeanor punishable by up to 1 year in the county jail. However, if the individual has a prior conviction for battery, aggravated battery, or felony battery, the crime may be charged as a 3rd degree felony punishable by up to 5 years in State prison.

Aggravated Battery:

A aggravated battery occurs when in committing the crime of battery the defendant either intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, uses a deadly weapon, or if the offender knew or should have known that the victim was pregnant, and the person who was the victim of the battery was actually pregnant at the time of the offense. An aggravated battery is usually a 2nd degree felony punishable by up to 15 years in State prison.

Felony Battery:

A felony battery occurs if the defendant causes great bodily harm, permanent disability, or permanent disfigurement.

Battery consists of a person actually or intentionally touching or striking another person against the will of the other; or intentionally causing bodily harm to another person.

A felony battery is usually a 3rd degree felony punishable by up to 5 years in State prison.

Battery on Law Enforcement Officer:

The only difference between a simple battery crime and battery on a law enforcement officer is the employment status of the victim, which increases the level of the offense and the penalties the defendant faces.

This includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in Florida Statute 943.10, and any county probation officer; an employee or agent of the Department of Corrections who supervises or provides services to inmates; an officer of the Parole Commission; a federal law enforcement officer as defined in Florida Statute 901.1505; and law enforcement personnel of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, or the Department of Law Enforcement.

Because the victim of the offense is a law enforcement officer, the crimes are reclassified as higher level offenses as follows:

Battery – from a misdemeanor of the first degree to a felony of the third degree.

Aggravated battery – from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years.

If the person is convicted of a battery and during the commission of the offense, the person possessed:

A “firearm” or “destructive device” they shall be sentenced to a minimum term of imprisonment of 3 years.

A semiautomatic firearm and its high-capacity detachable box magazine or a machine gun they shall be sentenced to a minimum term of imprisonment of 8 years.

Experienced Orlando Criminal Attorney for Battery Crimes:

If you or a loved one have been arrested for the crime of battery, call the Wilson Law Firm today to speak with an experienced Orlando criminal attorney about your individual situation. In many battery cases, a properly prepared defense by a criminal lawyer will result in either reduced penalties, reduced charges, or a dismissal of the charges. Even in battery cases where the evidence of guilt is overwhelming, a properly prepared defense and presentation of mitigating circumstances by an Orlando criminal attorney can result in significant decreases in the penalties you receive.

Florida Statutes:

Speak with an Orlando criminal attorney or review the following Florida Statutes for more information on battery crimes:

Florida Statute 784.03 – Battery; felony battery.
Florida Statute 784.045 – Aggravated battery.
Florida Statute 784.07 – Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.
Florida Statute 784.08 – Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence.
Florida Statute 784.081 – Assault or battery on specified officials or employees; reclassification of offenses.

Florida Statute 943.10 – Definitions; ss. 943.085-943.255.

Orlando Criminal Attorney Services:

Speak with a Orlando criminal attorney and review our website for more information on Florida criminal offenses: