Florida Statute 784.03 defines and governs battery and makes it a first degree misdemeanor. Defined, this crime 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. 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. Like assault, perhaps this crime’s harshest punishment comes not in the direct penalties available to a Court, but in the collateral consequences. Regardless of the presence of injury to another this crime is considered a crime of violence. Being convicted of an any crime of violence will have a detrimental effect on your ability to find employment, make living arrangements, or an opportunity at higher education. Jason Mayberry, is experienced in handling all types of crimes including battery. Each Tampa criminal attorney at The Mayberry Law Firm has both prosecuted and defended those accused of violating the law. In that time our firm has earned a excellent track record in avoiding the filing of charges against our clients, mitigating the damages inherent in very bad factual cases, and earning complete acquittal at trial. Because of the consequences inherent, it is of utmost importance to employ the services of an experienced Tampa battery attorney to ensure that all preventable and permanent consequences are avoided or mitigated.DEFENSES
The one defense that everyone thinks of with respect to this charge is self defense. Often our clients come to us after being charged despite their actions arising out of a need to defend themselves. If someone attacks you, or you have a reasonable belief that the individual is going to physically harm you, you have the right to use non-deadly force in defense of yourself. Further, should someone else be under attack, you can use non-deadly force in defense of them.
Accidental contact is not enough to make that contact a crime unless you intended to touch someone else in a harmful or offensive way and ultimately touched or hit a different person. For example, if you are intoxicated at a bar and stumble into someone causing them injury, you are not guilty of committing this crime. Negligence in a civil setting yes, but your contact with them was not intentional and without an “intent” you cannot have a battery.HOW WE CAN HELP
Violent crimes are fiercely investigated and prosecuted by the police and State Attorney’s Office. A simple bar room brawl that leads to serious injury could change your life forever. As we mentioned before, any allegation of a violent crime can carry with it serious direct consequences and if formally convicted, serious 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 to not file or drop all charges. If the case is too strong for the State to do that we lobby for a pretrial diversion program in the hope that upon successful completion you can avoid any criminal prosecution whatsoever. 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 as soon as possible. We’re available 24 hours a day, 7 days a week at 813-444-7435.