Battery / Aggravated Battery
An alleged offender does not necessarily need to punch another person in order to be charged with battery. In fact, a mere poke or shove can result in these criminal charges. An alleged victim does not need to suffer any kind of injury in order for an alleged offender to be arrested.
Despite the seemingly easy ways that a person might be charged with this crime, the possible consequences of a conviction are quite serious. Aggravating factors like serious injuries or the use of a deadly weapon can lead to lengthy prison sentences and significant fines.
Fort Lauderdale Battery Lawyer
Were you recently arrested for an alleged battery offense in Florida? You should not delay in making sure that you have experienced legal representation.
Meltzer & Bell helps clients in communities throughout the Broward County area such as Fort Lauderdale, Hollywood, Deerfield Beach, Weston, Pompano Beach, Tamarac, Wilton Manors, and Plantation. Let our Broward County aggravated battery attorneys review your case during a free, confidential consultation by calling (561) 557-8686 today.
Broward County Aggravated Battery Information Center
- What are the different ways a person can be charged with this offense?
- How long can an alleged offender be sentenced to prison if he or she is convicted?
- Do people have any defenses against these allegations?
State law has statutes for the offenses of simple battery (or misdemeanor battery), felony battery, and aggravated battery. These charges are defined in the following Florida Statutes:
- Battery, Florida Statute § 784.03(1) — If an alleged offender actually and intentionally touches or strikes another person against the will of the other person or intentionally causes bodily harm to another person, this is a first-degree misdemeanor.
- Felony Battery, Florida Statute §§ 784.03(2) and 784.041(1) — If an alleged offender commits any second or subsequent battery after having one prior conviction for battery, aggravated battery, or felony battery, or actually and intentionally touches or strikes another person against the will of the other person and causes great bodily harm, permanent disability, or permanent disfigurement, this is a third-degree felony.
- Aggravated Battery, Florida Statute § 784.045 — If an alleged offender intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon in committing battery, this is a second-degree felony.
There are other battery crimes in Chapter 784 of the Florida Statutes relating to specific victims, all of the following of which are classified as third-degree felonies:
- Battery on Detention or Commitment Facility Staff or a Juvenile Probation Officer —Florida Statute § 784.075.
- Battery on Health Services Personnel —Florida Statute § 784.076.
- Battery of Facility Employee by Throwing, Tossing, or Expelling Certain Fluids or Materials —Florida Statute § 784.078.
- Battery of Child by Throwing, Tossing, or Expelling Certain Fluids or Materials — Florida Statute § 784.085
Additionally, the following battery offenses listed under the same chapter are reclassified such that cases of simple battery become third-degree felonies and cases of aggravated battery become first-degree felonies:
- Battery of Law Enforcement Officers, Firefighters, Emergency Medical Care Providers, Public Transit Employees or Agents, or Other Specified Officers —Florida Statute § 784.07
- Battery on Sexually Violent Predators Detention or Commitment Facility Staff —Florida Statute §784.074
- Battery on Persons 65 Years of Age or Older —Florida Statute §784.08
- Battery on Specified Officials or Employees — Florida Statute § 784.081
- Battery by a Person Who is Being Detained in a Prison, Jail, or Other Detention Facility Upon Visitor or Other Detainee — Florida Statute § 784.082
- Battery on Code Inspectors — Florida Statute § 784.083
Convictions in these types of cases can result in a broad range of punishments that may include possible restitution to alleged victims, community service, mandatory psychological evaluations, or treatment, and counseling. Depending on the specific classification of the alleged offense, a conviction can also result in the following sentences:
- First-Degree Misdemeanor — Up to one year in jail and $1,000 maximum fine
- Third-Degree Felony — Up to five years in prison and $5,000 maximum fine
- Second-Degree Felony — Up to 15 years in prison and $10,000 maximum fine
- First-Degree Felony — Up to 30 years in prison and $10,000 maximum fine
It can be extremely intimidating to face these types of accusations in court. However, an alleged offender may be able to use any one of a number of defenses when facing these types of charges, including—but not limited to—the following:
- Alleged offender prompted mutual combat
- Defense of property or other people
- False allegations
- Inaccurate injury classification
- Lack of evidence
Find an Aggravated Battery Lawyer in Broward County
If you have been charged with this crime in Florida, make sure that you are working with skilled legal counsel. Meltzer & Bell represents people facing these charges in Hallandale Beach, Sunrise, Pembroke Pines, Davie, Coral Springs, Margate, Coconut Creek, Miramar, and the greater Fort Lauderdale area.
Our firm has experience on both sides of the aisle, including the backgrounds of a former prosecutor for the State Attorney’s Office and a felony prosecutor for the Broward County Special Unit. Call (561) 557-8686 right now to arrange a free consultation that will allow our Fort Lauderdale criminal attorneys to provide a thorough evaluation of your case.