Felony Battery Attorney

I have experience in defending all types of felony battery cases. I examine each felony 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 felony battery defense lawyer is essential.  Once hired, I will:

  1. Collect and review all written statements, photographs and 911 calls;
  2. Find flaws in the police officer’s investigation;
  3. Identify all possible defenses;
  4. Immediately start negotiating with the prosecutor not to file formal charges, and
  5. Do whatever is necessary to avoid an aggravated battery conviction.

jail building

The Facts of Your Case are Important

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any misdemeanor battery case are:

  • Is there any video evidence of this incident?
  • Was the reported victim the aggressor?
  • Is this a self-defense case?
  • Is this a mutual combat case?
  • Was there great bodily harm or permanent disfigurement?
  • Are there other factors or motivations that show lack of intent?
  • Is there a lack of evidence of a conflict in the evidence?

How is Felony Battery Defined and Proven in Florida?

To prove the crime of Felony Battery, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) actually and intentionally touched or struck (victim) against [his] [her] will; and

2. (Defendant) caused (victim) great bodily harm, permanent disability, or permanent disfigurement

The Florida Felony Battery Statute, 784.041

784.041 Felony battery.

  1. A person commits felony battery if he or she:
    (a) Actually and intentionally touches or strikes another person against the will of the other; and
    (b) Causes great bodily harm, permanent disability, or permanent disfigurement.

I Defend all Felony Battery Cases

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 consultation so that I can learn about you, learn about your case and determine how I can help.

I have experience in defending all types of felony battery cases. I examine each felony 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 felony battery defense lawyer is essential.  Once hired, I will:

  1. Collect and review all written statements, photographs and 911 calls;
  2. Find flaws in the police officer’s investigation;
  3. Identify all possible defenses;
  4. Immediately start negotiating with the prosecutor not to file formal charges, and
  5. Do whatever is necessary to avoid an aggravated battery conviction.

jail building

The Facts of Your felony battery Case are Important

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any felony battery case are:

  • Is there any video evidence of this incident?
  • Was the reported victim the aggressor?
  • Is this a self-defense case?
  • Is this a mutual combat case?
  • Was there great bodily harm or permanent disfigurement?
  • Are there other factors or motivations that show lack of intent?
  • Is there a lack of evidence of a conflict in the evidence?

What is Florida Felony Battery Statute

Felony battery 784.041 in the state of Florida:

  1. A person commits felony battery if he or she:
    (a) Actually and intentionally touches or strikes another person against the will of the other; and
    (b) Causes great bodily harm, permanent disability, or permanent disfigurement.

How is Felony Battery Proven

To prove the crime of Felony Battery, the State must prove the following two elements beyond a reasonable doubt:
1. Defendant actually and intentionally touched or struck victim against his/her will; and
2. Defendant caused victim great bodily harm, permanent disability, or permanent disfigurement
3. Full Florida standard jury instructions here

Felony Battery Penalties

Felony battery is classified as a third degree felony  that is punishable by up to 5 year in prison and up to a $5,000 fine. Other penalties include:

  • Communication control, house arrest or supervised probation
  • Anger management class or counseling
  • Community service
  • Drug evaluation and any recommended follow up treatment
  • No contact or no return to the location of the incident

Glass wall in the office building

Defenses for Felony Battery

Although the facts of every case vary, there are many defenses available to fight a charge of felony battery in Florida. Some of the more common defenses raised in these types of cases include the following:

  • Self-Defense;
  • Use of force in Defense of Others;
  • Use of Force in Defense of Property;
  • Consent or Mutual Combat;
  • Stand Your Ground;
  • Factual disputes about how the incident occurred;
  • Vindictive ‘victim;’
  • Injuries do not constitute ‘great bodily harm;’

I Defend all Felony Battery Cases

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

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