Clearwater Battery Lawyer
Florida law defines battery as intentionally causing bodily harm to another person or touching or striking another person against their will. There are different types of battery charges a person may face if they are accused of physically hurting another person and they all have harsh penalties for those convicted. If you have been charged, a Clearwater battery lawyer can provide the legal defense you need.
Battery vs. Assault
When people refer to one person intentionally hurting another, they often call it “assault and battery,” but these are two separate crimes in Florida. Still, there are close associations between assault and battery and one person may face charges of both for the same crime. Generally speaking, assault refers to threatening someone with bodily harm while having the ability to do so. Battery, on the other hand, is the actual act of physically harming someone.
For example, if someone threatened to punch another person, that would constitute assault. If the same person followed through on their threat and actually punched the other person, they could be charged with battery.
Unlike assault charges, battery does not require the victim to feel threatened or fear bodily harm. In order for battery charges to be laid, the only requirement is that an unwelcome physical act must occur.
Aggravated Battery in Clearwater
Aggravated battery is a charge similar to simple battery. This criminal offense also occurs when one person intentionally causes bodily harm to another. However, the difference is that aggravated battery requires the use of a deadly weapon. A deadly weapon is defined as any weapon that can cause serious harm, such as a firearm or knife, or any other object that is not inherently dangerous but is used in such a way that it is considered a weapon.
Penalties for a Battery Conviction
Simple battery is usually charged as a first-degree misdemeanor. A conviction for simple battery is punishable by up to 12 months in jail, a maximum of 12 months of probation, and a fine up to $1,000. The penalties for battery will largely depend on the facts of a specific case. For example, if a person did not cause great bodily harm and it was their first offense, their penalties would be less severe than someone with a criminal record who seriously injured another person.
Aggravated battery is a much more serious offense and as such, the penalties are also much harsher. Individuals convicted of aggravated battery may face up to 20 years in prison and a fine up to $10,000.
Call Our Battery Lawyer in Clearwater Now
Being charged with any type of battery is a very serious matter, but our Clearwater battery lawyer at King Law Group can help. Our knowledgeable attorney has the experience necessary to defend against these charges, so you have the best chance of retaining your freedom. Call us now at 727-538-4265 or reach out to us online to schedule a free consultation and to learn more about how we can help.
