Florida Statute: 784.03 – Battery; felony battery
(1)(a) The offense of battery occurs when a person:
- Actually and intentionally touches or strikes another person against the will of the other; or
- Intentionally causes bodily harm to another person.(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
Battery is even more straight forward than the crime of assault. Battery only requires two basic things: (a) you intended to touch another person in a way that was harmful or unwanted, and (b) you actually touch that person in a way that was harmful or unwanted. That’s it. That is all the state is required to prove in order to prove that you are guilty of battery. Of course there are exceptions to the rule and a ton of exceptions which we will discuss, but the general crime itself is simple and straight forward.
A simple example: someone punches another person. Depending on what item is used to make contact with the other individual, Battery can range from a misdemeanor to felony. For example, using your hands will almost always be a simple misdemeanor battery, outside of other circumstances discussed in another chapter.. However, if you use a weapon to harm someone then the misdemeanor turns into a felony. For example, you hit someone with a baseball bat and now you have a felony.
If you have any specific questions about Battery and what the State is required to prove, call experienced criminal defense lawyers in Orlando, Smith & Eulo Law Firm.
Stand Your Ground
Smith & Eulo Law Firm, your Orlando Law Firm, experienced Orlando criminal defense attorneys, Orlando, Metrowest.
Florida’s “Stand Your Ground” Law has become a hot topic of conversation in Florida over the past few years. For Orlando Criminal Defense Lawyers, the Stand Your Ground Law is a powerful legal tool that can be a game changer on cases where self-defense is a viable option for our clients for several reasons. First, winning a Stand Your Ground Motion can result in the entire case. Also, Stand Your Ground Motions are decided on a preponderance of the evidence standard, which means that if your judge finds that it was 51% likely that you had a legal right to self-defense, you are immune from prosecution and the case is dismissed. Moreover, Stand Your Ground Motions can force the State to produce their witnesses to testify at a Stand Your Ground Hearing, which allows an Orlando Criminal Defense Attorney to lock in the testimony of the State’s witnesses and be fully aware of how they will testify in the event the case goes to trial.
As always, please contact an experienced Orlando Criminal Lawyer at the Smith & Eulo Law Firm if you have questions about your case. We are conveniently located in Metrowest, 7065 Westpointe Blvd, Suite 322, Orlando, FL 32835. You can call us directly at 407-930-8912, or email us at firstname.lastname@example.org.
Smith & Eulo is “Your Path to Justice.”