Misdemeanor Battery - Florida Statutes 784.03 | West Palm Beach Criminal Lawyer
Are you being charged, in Palm Beach County, Florida, with Misdemeanor Battery? We are misdemeanor battery attorneys located in West Palm Beach. When you are arrested for misdemeanor battery you want a lawyer that understands and practices in this area of law. Don’t hire a lawyer that dabbles in criminal defense, hire a criminal defense attorney that has extensive experience in misdemeanor battery cases. Your attorney needs to have knowledge and experience but also needs to know the players. Knowing the players comes from years of being inside the courtroom. Finding the best criminal defense attorney in Palm Beach County, for your case, is difficult. You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. The quality of the criminal defense attorney you hire to defend your misdemeanor battery case is extremely important. We ask that you consider our firm.
Arrested for Misdemeanor Battery in Palm Beach Gardens, Florida? We can help! Police are calling you asking you to come to the police station because they have questions about an alleged Battery in West Palm Beach? Stop and think. They are likely to arrest you so contact our law firm prior to contacting them. You were defending yourself and you ended up being charged with the offense of Battery in Royal Palm Beach, Florida? Don't worry our Misdemeanor Battery Attorneys are experienced and will work to prove your innocence.
Many people have heard of the term “assault and battery” in the context of criminal matters. Normally they hear these terms when watching some TV show but only have a general idea of what the crime of battery is. Florida has multiple types of battery depending on who the victim is, the injuries, and if any objects were used. The lowest form of battery is misdemeanor battery, commonly called “simple battery.” The next level up is felony battery because it is a battery that resulted in a serious physical injury. Another higher level of battery is aggravated battery which is where you intentionally went after the person to cause serious permanent injury. The way to quickly figure out which crime was committed is to ask if the defendant hit, seriously injured, or intended to seriously injure the victim.
Some other types of battery are: sexual battery which is sexual penetration battery, domestic battery which is battery on a person you are related to or living with, and aggravated battery on a pregnant person which could be as little as a simple touch on a pregnant person.
Definition of Battery
For a defendant to be convicted of misdemeanor battery under Florida Statute 784.03, the prosecutor must show:
- The defendant intentionally touched or hit another person against the other person’s will; or
- The defendant intentionally caused physical injury to another person.
A person can easily commit this crime with something as trivial as a simple finger touch or throwing a piece of gum across the room and hitting the victim. The prosecutor does not have to prove there was an injury but only an unlawful touch.
To show how easy this crime is to commit, a good example is a case one of our lawyers had with a middle-aged gay gentleman who purchased a flashlight. As he was walking out of the store, the gentleman affectionately patted the male cash register clerk on the shoulder and said “Thank you sweetie.” The gay gentleman was charged with battery. Our mothers were right when they told us to keep our hands and feet to ourselves.
Fortunately, there are some defenses available to a battery charge. The touching must be intentional and not an accident. A good defense Delray Beach Misdemeanor Battery Attorney can analyze the situation and determine if the accidental touching defense could work or not.
A defense Delray Beach Misdemeanor Battery Attorney could give other types of defenses. He could argue the victim consented to the touching or the defendant was really defending himself against the attacks of the “victim.”
Punishment for Battery
Battery is a first-degree misdemeanor which has a maximum punishment of 1 year in jail and a $1,000 fine. This crime is ranked as a level 1 on the Florida Criminal Punishment Code.
If you have previously been convicted of a battery, aggravated battery, or felony battery, any battery convictions afterwards will be a third-degree felony punishable up to 5 years in prison and a $5,000 fine.
Contact The Law Office of Roger P. Foley, P.A.
Our law firm has experience in dealing with battery cases. We serve the South Florida area and focus on criminal matters. Contact our law firm today so we can help defend your case aggressively and help you navigate the problems caused by a battery charge.