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A battery conviction can be completely life-altering and can result in serious legal consequences, whether it is a misdemeanor or a felony offense.
As the top criminal defense attorneys in Clearwater, the expert team at the Law Offices of Marc N. Pelletier are well-versed in the nuances of battery charges and defense strategies, and are ready to consult with you if you are facing a battery charge.
In Florida, battery offenses can fall into 3 primary categories depending on various factors of the incident and circumstance.
Simple battery is when an individual intentionally touches or strikes another person against their will or causes bodily harm. This offense is typically classified as a first-degree misdemeanor.
Aggravated battery is a more serious offense that involves intentionally causing great bodily harm, permanent disability, or disfigurement. The charge is also applicable if a deadly weapon is used during the offense, regardless of whether injury resulted. Aggravated battery is a second-degree felony.
Felony battery, unlike aggravated battery, does not require proof of intent to cause serious harm. However, it may nevertheless be charged when serious injury resulted from an unlawful touching or striking An individual may also have a battery charge enhanced to felony battery if they have a prior conviction for battery. Generally, felony battery is classified as a third-degree felony.
Other types of felony battery include:
The penalties for a battery conviction ultimately depend on the overall classification of the charge and whether you have an experienced and skilled Clearwater defense attorney on your side.
Simple battery, as a misdemeanor charge, is punishable by up to one year in jail and fines up to $1,000. In some cases, probation may be an applicable part of a plea deal, and it can potentially require anger management classes or community service.
Felony battery is categorized as a third-degree felony in Florida. It can carry a sentencing penalty of up to five years in prison and fines up to $5,000.
Aggravated battery, which is classified as a second-degree felony, can result in up to 15 years in prison, fines up to $10,000, and mandatory prison sentences in cases where there is serious bodily injury.
Probation may be available in certain cases as part of a plea deal or added to overall penalties, but it can result in required counseling, no-contact orders, and community service. Repeat offenders or any cases involving weapons typically lead to harsher sentencing and, in turn, a possible period of incarceration longer than that called for on a first offense.
Understanding the distinctions between misdemeanor and felony battery convictions can help you and your Clearwater defense attorney understand the best defense strategy to employ.
No matter the severity, our Clearwater criminal defense attorneys have the experience to handle your case. If you are in need of experienced representation, request a free case consultation or call The Law Offices of Marc N. Pelletier today at (727) 493-9386.
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