Battery Defense Attorney in Tampa
Battery is a crime in Florida that has the potential to inflict harm on another person, however, touching alone is sufficient to find an individual guilty of battery if all other elements of the crime are met. Battery and assault in Florida are intertwined in that battery is essentially the act that follows an assault or aggravated assault, and many people often get the two crimes confused or believe they are essentially the same thing.
Because innocent individuals are at risk for serious harm when subject to an individual’s conduct of committing battery under Florida law, the consequences for a Florida battery conviction can be life-changing. Battery charges should be taken very seriously because defendants often have a very tough time at trial even if there is some evidence in their favor. Many jurors look to the victim’s condition and injuries and sometimes forget that the focus should be on all available evidence and whether the accused is the true assailant.
Given that battery charges are tough to fight, you need the best legal representation available to you in and around Tampa. Marc A. Joseph, P.A. is a Tampa Violent Crimes Defense Attorney with the drive and advocacy skills to help you face your Florida battery charge. A Florida battery charge has a negative connotation because people associate battery with people who are violent in nature, even if one act of battery was an isolated incident and no harm resulted to another person. As such, the stronger your attorney is when combating a Florida battery charge, the better off you will be in overcoming your battery charge and moving on with your life.
Battery in Florida
Under Florida law, an individual may be charged with and found guilty of battery if he or she actually touches and intends to touch or strike another person against that person’s will or intentionally causes bodily harm to another person. Battery is considered a first degree misdemeanor in Florida and carries with it a potential jail sentence not to exceed one year, and the imposition of a fine not to exceed $1,000. If an individual has a prior battery, aggravated battery, or felony battery conviction, he or she faces a third degree felony for committing a subsequent battery. If convicted, the individual faces a potential jail sentence not to exceed five years and the imposition of a fine not to exceed $5,000.
The enhancement of punishment from a one-time battery conviction to a second or subsequent battery conviction is quite substantial. In addition to possibly spending up to five years in jail, a second or subsequent battery conviction will further tarnish your criminal record. Repeat offenders in Florida are looked down upon and there may be less room to negotiate an arrangement that does not result in jail time. However, if you have an aggressive, yet reasonable Tampa Criminal Defense Attorney standing by, you may be able to overcome the harsh consequences of a second or subsequent Florida battery charge.
It is also very important to understand that an individual charged with battery in Florida may be found guilty even if no actual harm results to the person allegedly being battered. This is something that many people are not aware of and this catches them by surprise when they are facing a battery charge that did not result in any harm to another person.
Felony Battery and Domestic Battery by Strangulation in Florida
Under Florida law, an individual may be charged with and found guilty of felony battery if he or she actually and intentionally touches or strikes another person against his or her will and causes great bodily harm, permanent disability, or permanent disfigurement. Felony battery is much more serious than battery. When actual harm results to an innocent individual, Florida law cracks down and imposes severe consequences on individuals convicted of felony battery. Felony battery is considered a third degree felony and carries with it the potential for jail time not to exceed five years and the imposition of a fine not to exceed $5,000.
An additional type of battery that is covered by the same Florida statute is domestic battery by strangulation. An individual may be charged with and found guilty of domestic battery by strangulation if he or she knowingly and intentionally impedes the normal breathing or circulation of the blood of a family or household member, or a person dating the accused, such that there is a risk to cause great bodily harm. Domestic battery by strangulation is considered a third degree felony and carries with it the potential for jail time not to exceed five years and the imposition of a fine not to exceed $5,000.
Aggravated Battery in Florida
Under Florida law, an individual may be charged with and found guilty of aggravated battery if he or she commits battery as described above in addition to intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement to another person, or uses a deadly weapon in the course of committing a battery. Aggravated battery is a second degree felony in Florida and carries with it the potential for jail time not to exceed fifteen years and the imposition of a fine not to exceed $10,000.
Aggravated battery is the most serious of battery charges in Florida and the potential consequences are simply too serious to fight your Florida aggravated battery charge without the assistance of a highly skilled Tampa Criminal Defense Attorney. Marc A. Joseph, P.A. has handled a variety of battery cases over the course of his career and knows how to develop the best defense possible given the facts of your particular aggravated battery charge. There are a number of excellent attorneys in and around Tampa, however, Marc A. Joseph, P.A. stands out from the rest, providing his clients with the one-on-one attention they deserve, especially when the criminal charge they are facing is quite serious. While an aggravated battery charge is certainly frightening, an attorney can make the process much less stressful by handling the difficult matters and providing you with the guidance you need.
Contact Tampa Criminal Defense Attorney Marc A. Joseph, P.A. Today for a Free Consultation
Battery is a very serious crime in Florida, as it is one step past assault or aggravated assault. If you or a loved one has been charged with battery in Florida, now is the time to speak with a skilled Tampa Criminal Defense Attorney. Violent crimes in Florida often result in jail time and long-term probation, as well as the possibility of paying hefty fines. Battery charges in Florida should not be taken lightly and it is essential to have superior legal representation in order to fight your Florida battery charge. Criminal defense lawyer Marc A. Joseph, P.A. will prepare you for what to expect and help you get through a stressful and frightening period of time. With more than 15 years of experience defending the accused, Marc A. Joseph, P.A. has what it takes to provide you with the best legal representation he possibly can. If you would like to discuss a Florida battery charge you or a loved one is facing, contact Tampa Battery Defense Attorney Marc A. Joseph, P.A. today to schedule your free consultation by calling (813) 234-6374. Marc A. Joseph, P.A. is available 24/7 to answer your questions and address your concerns and also defends those who faces charges or have been accused of Assault/Aggravated Assault in Tampa.