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Fort Myers Criminal Attorney / Fort Myers Battery Attorney

Fort Myers Battery Defense Attorney

Battery is a serious criminal offense in Florida, governed by Florida Statutes § 784.03. Under this statute, battery occurs when an individual intentionally touches or strikes another person without their consent or causes bodily harm. The offense can escalate to more severe charges like felony battery and aggravated battery, depending on the circumstances of the incident. If you are facing battery charges in Fort Myers, contact Hollander & Hanuka to understand the legal implications of the charges and get effective legal representation from a knowledgeable and experienced Fort Myers battery defense lawyer.

What Constitutes Battery Under Florida Law?

Florida Statutes § 784.03 defines battery as the unlawful act of touching or striking another person against their will or intentionally causing bodily harm to another person. To secure a conviction, the prosecution must prove the following elements:

  • The defendant intentionally touched or struck the victim.
  • The contact was made without the victim’s consent.
  • The contact caused harm or was offensive in nature.

Battery is typically classified as a first-degree misdemeanor. A conviction can result in penalties that include up to one year in jail, one year of probation, and a fine of up to $1,000.

Felony Battery (Florida Statutes § 784.041)

Felony battery occurs when an individual, after committing a battery, causes significant bodily harm, permanent disability, or disfigurement to the victim. Under Florida Statutes § 784.041, the elements of felony battery include:

  • Intentional and unlawful touching or striking of another person.
  • The act results in great bodily harm or permanent injury.

Felony battery is classified as a third-degree felony. If convicted, the defendant could face up to five years in prison, five years of probation, and a fine of up to $5,000.

Aggravated Battery (Florida Statutes § 784.045)

Aggravated battery is an enhanced form of battery that involves more severe actions or the use of a deadly weapon. Under Florida Statutes § 784.045, aggravated battery can be charged in any of the following situations:

  • The defendant intentionally or knowingly causes great bodily harm, permanent disability, or disfigurement.
  • The defendant uses a deadly weapon in the commission of the battery.
  • The victim was pregnant at the time, and the defendant knew or should have known of the pregnancy.

Aggravated battery is classified as a second-degree felony. Penalties for a conviction include up to 15 years in prison, 15 years of probation, and fines reaching $10,000.

Penalties for Battery Offenses

The penalties for battery in Florida can be severe, particularly for felony battery or aggravated battery. A misdemeanor battery conviction could result in jail time, probation, and fines. However, felony convictions carry even harsher penalties, including significant prison time, long-term probation, and substantial fines. Additionally, a conviction can have lasting consequences, such as a permanent criminal record, difficulty securing employment, and loss of certain civil rights.

Defenses to Battery Charges

There are several defenses that an experienced criminal defense attorney can raise in response to battery charges. Some common defenses include:

  • Self-defense: If the defendant acted in self-defense or in defense of others, they may avoid conviction if it can be proven that they were justified in their actions.
  • Lack of intent: Battery is an intentional crime. If the defendant did not intend to touch or strike the victim or if the contact was accidental, they may be able to argue that no crime was committed.
  • Consent: If the alleged victim consented to the contact, a defense can be raised that no battery occurred.
  • Stand Your Ground law: Florida’s Stand Your Ground law may provide immunity to those who use force in defense of themselves or others without a duty to retreat in certain situations.

How Our Criminal Defense Lawyers Can Help

From the start, attorney Dan Hanuka will help you understand the charges against you and what you can expect. He can provide essential support by evaluating the evidence, challenging the prosecution’s case, and developing a solid defense strategy.

Depending on the circumstances of your case, our criminal defense attorneys may be able to challenge the evidence by scrutinizing every piece of evidence to identify weaknesses in the prosecution’s case. In some cases, we may be able to negotiate with the prosecution to have the charges reduced or dismissed altogether. For example, a felony battery charge could be reduced to misdemeanor battery, or a conviction could result in probation rather than jail time.

Through plea bargaining, we can work to secure a favorable resolution that minimizes the consequences of a conviction, such as obtaining probation instead of incarceration. If a trial is in your best interest, Dan Hanuka has extensive trial experience he puts to use in providing strong and effective representation in the courtroom.

Contact Hollander & Hanuka Today for Battery Defense in Fort Myers

Facing battery charges can have long-lasting consequences on your personal and professional life. Hollander & Hanuka Attorneys at Law have the experience and knowledge necessary to fight for your rights in court. With a strong legal defense, we aim to reduce charges, seek dismissal, or secure the most favorable outcome possible.

If you or a loved one has been charged with battery in Fort Myers or the surrounding areas, call Hollander & Hanuka at 239-332-3300 for a free consultation. We are committed to protecting your rights and defending your freedom.