I have experience in defending battery cases throughout the entire Central Florida area. I examine each battery case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced battery defense attorney is essential. Once hired, I will:

1. Collect and review all written, audio & video evidence;
2. Identify all possible defenses;
3. Qualify you for a pretrial diversion program;
4. Start negotiating with the prosecutor for a dismissal or reduced charges, and
5. Do whatever is necessary to avoid a criminal conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Was the reported complainant the aggressor?
• Is this a self-defense case?
• Is there any video evidence of this incident?
• Was this incident just an accidental touching?
• Was the touching incidental to other conduct?
• Were you read your Miranda rights? Were any of your statements illegally obtained?
• Is there a lack of evidence or a conflict in the evidence?
• Are there other factors or motivations that show your lack of intent to commit a crime?

Types of Battery Cases:

In Florida, a battery case can be charged in many different ways. How the crime of battery is charged often depends on if a deadly weapon was used, the age or occupation of the complainant. Below is a list of the several common criminal battery charges in Florida:

Aggravated Battery
Battery on a Person 65 Years or Older
Battery on a Law Enforcement Officer
Domestic Battery
Felony Battery
Simple Battery

Valid Defenses to Battery Charges

There are numerous battery defenses that may apply to your case. A battery charge may be defended by investigating any of the following legal issues:

1. Was the other party the primary aggressor?
2. Does the alleged victim want to pursue criminal charges?
3. Are there independent witnesses to the incident?
4. Is there an existing relationship between the accused and the reported victim?
5. Did the police conduct a thorough and fair investigation?
6. Were pictures taken of either party?
7. Who called the police and is there a 911 call?
8. Is there a self-defense claim?
9. Was the alleged victim armed with a weapon?
10. Did the incident occur in the dwelling of the accused?
11. Did the alleged victim make any inconsistent statements?
12. Does the accused have an alibi?

From Dismissal to Expungement: My Goals For Your Case

During a free consultation, I will consider whether the following options are available to you. My goal is to do whatever is necessary to avoid a battery conviction.

Dismissing Your Charge

I can file a ‘Motion to Dismiss’ when there is insufficient evidence to support your criminal charges or when the court lacks proper jurisdiction to hear the case. Speedy trial and statute of limitations defenses can also lead to a complete dismissal.

Excluding Evidence

I can file a pretrial ‘Motion to Suppress’ where evidence may have been illegally obtained. This shifts the burden to the prosecutor to establish in court that all evidence was lawfully obtained. I challenge the State’s case at every stage of the police officer’s investigation (stop, detention, search, arrest, etc.).

Pretrial Diversion

I can apply for your participation in a pretrial diversion program. Your successful completion of the program will result in a dismissal of all charges.

Avoiding a Conviction

I can negotiate with the prosecutor and the court in an effort to secure a withhold of adjudication. This final disposition allows you to avoid a formal conviction.

Seeking a Reduced Sentence

I can present the court with background information and mitigating evidence that may result in a reduced sentence.

Expunging Your Record

After your case is resolved, I can petition the court to seal or expunge all public records relating to your arrest and prosecution. This includes your police report and entire court file. Expunging your record will require the clerk to physically destroy your entire court file and allows you to lawfully say that you have ever been arrested or charged with the crime.  Only a select few government entities are entitled to sealed and expunged records

Florida Battery Case Law

Radler v State, 4D18-1737 (Fla. 4th DCA 2020) Having determined that the trial court improperly denied the request for a jury instruction on the justifiable use of non-deadly force and the request for a proffer of evidence, we reverse and remand for a new trial.

Morris v. State, 1D17-552 (Fla. 1st DCA 2017) “Just as parents are privileged to administer corporal discipline to their children and touch them non-abusively against their will, ‘the law permits, by privilege, a simple battery in the administration of discipline by [other persons with] authority over a child.’ …This parental corporal discipline privilege extends specifically to teachers and school personnel acting in loco parentis, negating their potential liability for committing simple battery.”

Call an Experienced Battery Criminal Defense Lawyer

If you were recently arrested or charged with any Florida battery offense, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free case review so that I can learn about you, learn about your battery charges and determine how I can help.