I have extensive experience in defending all battery cases in Orange County and  Seminole County. 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 attorney 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 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:

• Were you lawfully stopped, detained and arrested?
• Was any of the evidence collected against you illegally obtained?
• Are the allegations made against you false? Were there any witnesses to this incident?
• Were you read your Miranda rights? Were your statements obtained illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS simple battery

Simple battery,  Florida statue 784.03, occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.

Where there are no aggravating factors or enhancements at play, such as the use of a weapon, domestic violence or serious bodily injury the offense is classified as simple battery or misdemeanor battery.

HOW IS simple batterY PROVEN IN FLORIDA?

To prove the crime of Battery, the State must prove the following element beyond a reasonable doubt:

1. Defendant actually and intentionally touched or struck victim against his or her will.
   OR
2. Defendant intentionally caused bodily harm to victim.

PENALTIES FOR SIMPLE BATTERY

Simple Battery is a first-degree misdemeanor that is punishable by a jail term of up to one year and a fine of up to $1,000. Other Sanctions include:

• Supervised probation
• Anger management course
• No contact with victim
• Permanent criminal conviction
• Community Service

DEFENSES FOR SIMPLE BATTERY

There are many defenses available to contest a charge of simple battery. Some of the more common defenses include the following:

• Self-Defense;
• Defense of others or property
• Mutual Combat;
• Accidental Touching;
• Touching Incidental to Other Conduct not Aimed at Making Contact;
• Lack of Evidence or Conflicts in the Evidence.

I DEFEND ALL BATTERY CASES

If you were recently arrested or charged with any Florida battery case, 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.