Battery

Florida Statute 784.03 governs the crime of battery, making it a first-degree misdemeanor. Battery occurs when a person actually and intentionally touches or strikes another person against that person’s will, or intentionally causes bodily harm to another person. In Florida an allegation of the like is punishable by up to 11 months, 29 days in a Florida county jail in addition to a $1,000 fine. Similar to assault, a battery conviction carries with it a heavy burden of collateral consequences, because regardless of the presence of any actual injury to another, battery is considered a crime of violence. A battery conviction can be detrimental to a person seeking employment, housing, or an opportunity in higher education. Simply put, no employer wants the possible liability of an employee they think could lose their temper and injury a customer or co-worker, no landlord wants a violent individual in their home for fear of the drama or damage that may arise, and no educator is going to accept as a student a violent person if their credentials are similar to a non-violent person competing for the same spot. Jason Mayberry is experienced in handling all types of crimes, including battery.

Each Tampa criminal law attorney at The Mayberry Law Firm has experience in both prosecuting and defending those accused of violating the law. As such, our Firm knows what it takes to handle your case; we have earned an excellent track record in avoiding the filing of charges against our clients, in mitigating any damages inherent in poor factual cases, and in earning complete acquittals at trial. Because of the consequences attached to a battery allegation, it is of utmost importance to employ the services of a skilled and experiences Tampa battery attorney to ensure that all permanent consequences are prevented or mitigated.

What Are Defenses to a Battery Charge?

SELF DEFENSE – Self-defense is one of the most recognized defenses to a charge of battery. Many clients have come to us after being charged with battery, despite their actions arising out of a need to defense themselves. You may use non-deadly force in defense of yourself if someone has attacked you first, or if you have reasonable belief that the individual is going to physically harm you. Additionally, should someone else be under attack, you can use non-deadly force in defense of others. Simply put, you do not have to wait until your attacker gets the first lick in to defend yourself. That said, your actions better be the result of an objectively reasonable fear that you had to use force to defend yourself.

ACCIDENTAL CONTACT – It is important to note that accidental contact is not enough to make that contact a crime, unless you intended to touch someone else in a harmful or offensive way, but you ended up touching or hitting a different person nearby. For example, let’s say you and a friend go to a Bucs game against the Packers. Because the stadium is likely packed out, it will be crowded. The Bucs win and the Packers fans are not happy about it. As you are walking out of the stadium, due to the masses of people, you inadvertently bump into the Packers fan next to you, causing them to trip and hit their head. Under this example, because you had no intention of making any contact with the Packers fan, you are not guilty of a battery. You may be subject to a civil negligence claim, but your contact in this scenario would not be intentional and without the proper “intent,” there is no battery.

IDENTITY – Battery claims run hand in hand with sensory impairment. How many times have you been at your favorite bar, it’s getting late, and low and behold a fight breaks out? If no one is paying attention or maybe they are too drunk to recollect accurately, identifying the person that committed the battery can become an issue; an issue that often leads to misidentifying the perpetrator.

How We Can Help

Violent crimes are investigated and prosecuted tenaciously by the police and State Attorney’s Office. Even a simple bar room brawl can change your life forever, especially if it results in serious injury to another. As mentioned previously, an allegation of a violent crime can carry with it serious direct consequences and if formally convicted, debilitating collateral consequences. Tampa criminal lawyer, Jason Mayberry, has handled hundreds of criminal allegations over his career and in that time has gained an understanding of how to get the best possible result under each factual scenario. If we had it our way, each case would be great for trial so that we could earn an acquittal for each of our clients. The world isn’t perfect and as such, not all cases lend themselves to trial. We make every effort to convince the prosecuting attorney not to file or to drop all charges. However, if the State feels they have a strong case, then we will lobby for a pretrial diversion program in the hope that you can avoid any criminal prosecution upon successful completion of the program. Our attorneys take great pride in their work and our clients benefit from that zeal. If you are in need of a criminal attorney for a battery allegation or charge, contact the criminal lawyers at The Mayberry Law Firm, at 813-444-7435 as soon as possible.