Defending Your Rights
The State of Florida takes any and all crimes involving alleged violence very seriously. These charges can effect your future freedom and career choices. Battery cases need immediate attention and require a complete investigation of the alleged victim, interviews with all of the witnesses, review of all the evidence the police collected, and investigation into any evidence the police did not find or thought was not important.
Our Jacksonville criminal defense lawyer has years of experience and has represented hundreds of clients charged with battery crimes in Jacksonville.
In Florida, a Battery occurs when you intentionally touch someone against their will or intentionally harm someone. A simple battery and domestic battery are both misdemeanors in Jacksonville. That means both crimes are punishable by up to one year in jail.
Battery charges in Jacksonville can also be raised to the felony level if certain requirements are met. Felony Battery, Florida Statute 784.03, is committed when the defendant commits a simple battery and has at least one prior conviction for battery, aggravated battery, or felony battery. Felony battery is a third degree felony punishable by up to five years in prison.
Domestic Battery by Strangulation, Florida Statute 784.041, is another battery charge that is elevated to the felony level in Florida. A person commits domestic battery by strangulation if he or she knowingly or intentionally impairs the normal breathing or circulation of a family or household member or person they are dating by putting pressure on the throat, neck, or nose of that person. A family or household member includes spouses, ex-spouses, blood relatives, relatives by marriage, people you live with or have ever lived with, and parents who have a child in common. A “dating relationship” is defined as a continuing and significant relationship or an intimate nature.
Another felony battery crime in Jacksonville, Florida is Aggravated Battery, Florida Statute 784.045. You commit an aggravated battery if you commit a simple battery and in committing the battery, you intentionally and knowingly cause great bodily harm, permanent disability, or permanent disfigurement or use a deadly weapon. You can also be charged with aggravated battery if you commit a battery on a woman who is pregnant and you knew or should have known that the woman was with child. If you are convicted of any Aggravated Battery crime in Jacksonville, the maximum punishment is fifteen years in prison because the crime is considered a second degree felony in Florida.