State Criminal Defense - Battery

Battery Criminal Defense in Florida

Understanding Battery

Many Floridians confuse battery with assault, but there is a key difference. Assault involves making a threat of violence, using words or actions. Battery charges result from following through on those threats. In some cases, people might engage in physical altercations with no preceding threats at all.

Different Types of Battery

In total, Florida identifies six different types of battery. Where your battery case fits into this list might determine the severity of potential consequences:

  • • Simple battery
  • • Felony battery
  • • Domestic battery by strangulation
  • • Domestic violence battery
  • • Aggravated battery
  • • Aggravated battery against a pregnant person
  • Several Defenses

    One of the most common battery defenses is pointing out that both parties agreed to a confrontation. In this instance, both individuals entered the situation with the understanding that they would exchange blows and might get hurt. Both “consent” and “mutual combat” might come into play here.
    Another common choice is self-defense. If you struck someone else or otherwise caused injury to protect yourself from harm, then you may have a justifiable reason. Insufficient intent is another defense that attorneys often use. Here, your lawyer points out that even though injuries did occur, this was not the intention.

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Every case is different, and there is no standard defense that works for everyone. If there was video footage of the incident, multiple witness statements and a history of crimes related to aggression, all of these might work against you. Sadly, even when someone has a clean record and there is no clear evidence, prosecutors may rush at the opportunity to pin the crime on you.

At Seltzer Mayberg, we have witnessed some of the most unbelievable police tactics against alleged victims and we are prepared to defend you against them. Reach out to us at 305-444-1565 for more information.

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