Dedicated Attorneys Defend against Battery Charges in Tavares, Inverness & Clermont, FL
Fighting tirelessly for your freedom
The phrase “assault and battery” is a common one, but it obscures the fact that assault and battery are two distinct crimes, with different elements and different punishments. Battery requires physical contact with the victim, while assault requires only a threat of harm.
To prove battery, the prosecutors do not need to present evidence of bruises or bleeding. Merely touching another person against her or his will can be enough to constitute battery. Largey Law aggressively represents defendants charged with battery and other violent crimes. Our attorneys candidly advise you about the offense you’re charged with and your options for fighting it.
Elements of simple battery the prosecutor must prove
A first-time simple battery is a first-degree misdemeanor. To win a conviction for simple battery, the prosecution must prove that the accused:
- Literally and intentionally touched or struck another person against her or his will
- Intentionally caused bodily harm to the person
The charge is upgraded to a third-degree felony if the defendant has a prior conviction for battery, aggravated battery or felony battery. A prior conviction includes a determination of guilt resulting from a plea or a trial verdict, including an adjudication withheld or nolo contendere plea.
Aggravated battery is a second-degree felony. For the charge to be elevated to aggravated, prosecutors must prove both elements of a simple battery (above), plus:
- The accused intentionally or knowingly caused great bodily harm, permanent disability or permanent disfigurement, or
- A deadly weapon was used in commission of the battery, or
- The alleged victim was pregnant, and the accused knew or should have known that she was pregnant.
Aggravated battery carries greater penalties, including longer periods of incarceration, often in state prison rather than the country jail.
Domestic battery is a battery on a relative, a household member or intimate partner. When the domestic battery involves strangulation, the charge is raised to a third-degree felony. In addition to criminal charges, you are also could face a domestic injunction that can affect your child custody rights, firearm ownership, immigration status, right to live in your own home and loss of freedom.
Defenses to battery charges
Our attorneys investigate whether enough evidence exists to support an affirmative defense, including:
Although self-defense and reasonable defense of an innocent third party are complete defenses, other defense strategies can leave you exposed to reduced criminal charges and/or civil liability for personal injuries. We fit the defense strategy to the facts of your case and advise you on the potential for that strategy leading to relief.
Raise a solid defense to battery charges in Tavares, Inverness and Clermont
If you are being charged with battery, call Largey Law at 352.508.1485 or contact the firm online to schedule your free initial consultation at one of our offices in Tavares, Inverness and Clermont. Our lawyers can also meet with you at your home or at the jail. We represent clients throughout Central Florida. Se habla español.