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 Mount Dora battery lawyers could candidly advise you about the offense you’re charged with and your options for fighting it.
What Exactly is Simple Battery?
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.
The Specifics of Aggravated Battery
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. Thankfully, a tenacious attorney in Mount Dora could help minimize these penalties through a carefully constructed defense.
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:
- Defense of another person
- Lack of intent
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. A seasoned lawyer in Mount Dora could fit the defense strategy to the facts of your battery case and advise you on the potential for that strategy leading to relief.
Speak With a Mount Dora Battery Attorney about the Best Next Steps
If you are being charged with battery, contact the firm online to schedule your free initial consultation at one of our offices. Our Mount Dora battery lawyers understand the importance of your case and can fight to minimize the impact that a charge, conviction, or arrest has on your life. Se habla español.