Battery is defined as ‘an unlawful and intentional touching or striking of another person against the will of that other person. If you have committed a prior battery, and were found “guilty” of the prior charge, even if adjudication was withheld – you may be charged with a felony battery on a second or later battery, which becomes a third degree felony punishable by up to five years in the state prison system. Also – if you are charged with a misdemeanor battery that involved a family member or other person who qualifies as a domestic partner – a conviction, even as a misdemeanor, will bar you thereafter from ownership or possession of firearms or ammunition.’
A felony battery is generally covered by Florida Statute 784.041. This statute makes it a crime to commit a battery where the victim suffers great bodily harm, permanent disability, or permanent disfigurement even if the type of injury that occurs was not intended. It is a third degree felony when so charged, however it can also be charged under a more serious statute as an “aggravated battery”.
An “aggravated battery” is charged under Florida Statute 784.045, and is a battery committed against a pregnant woman who the defendant was aware (or should have known) was pregnant; or is a battery where a deadly weapon was used; or is a battery where the defendant intentionally caused great bodily harm, permanent disability, or permanent disfigurement to the victim. An aggravated battery is a second degree felony punishable by up to fifteen years imprisonment in the Florida prison system, and may also carry a mandatory minimum sentence.
A battery against a law enforcement officer (ie: battery LEO), firefighter, EMS personnel, bus or train operator, or their security personnel is a third degree felony, or worse, pursuant to Florida Statute 784.07. If the crime would be an aggravated assault against a citizen – it is a second degree felony against the protected class of the statute. If the crime would be an aggravated battery against a citizen, it is a first degree felony against the protected class. In either of these last two instances a mandatory minimum sentence is imposed of either three or five years. If a firearm is carried during the crime – the mandatory sentence can even be worse.
Stand your ground
Is a defense that allows a judge to determine the validity of a self defense claim and should always be alleged when defending these cases. A person is under no obligation to retreat in the face of a reasonable fear that threatens life or limb, or threatens the same to a family member. I have argued numerous cases regarding this issue, and in some cases the need to defend one’s self is the most important fundamental issue that insulates the accused. it allows people to protect themselves without fear of arrest or incarceration.These cases many times turn into your word versus theirs, kind of a he said/she said situation. Let me use the benefit of my experience to ferret out these inconsistencies that arise in the police reports and the sworn statements of witnesses and alleged victims. These inconsistencies may lead to reduced charges, dismissal and/or an acquittal.
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