Seeking Guidance Against Simple Battery Charges
Losing your cool could cost you. Everyone would like to think that they’re always able to control themselves and their actions, but things happen. When emotions flare and you find yourself facing simple battery charges, do not make the mistake of representing yourself.
At the Finkelstein Firm, P.A., I help clients throughout the Clearwater area pursue the optimal outcomes in their criminal defense cases. My name is Jenna Finkelstein. I understand what is at stake in these cases and how to defend my clients against their charges.
What Qualifies As Simple Battery?
Under Florida Statute 784.03, battery, or simple battery, can be defined as actually and intentionally touching or striking another person against the will of the other or intentionally causing bodily harm to another person.
Elements of a battery include:
- The intentional touching or striking of another person against their will
- The intentional causing of bodily harm to another person
What Actions Constitute Simple Battery In Florida?
Punching, kicking, pushing, shoving and slapping all constitute simple battery in Florida. These are all actions that are typically associated with fighting or attacking someone, so most people understand that these fall under the purview of simple battery.
However, even actions that some might consider harmless or not a big deal may also be considered battery under Florida law. There does not even need to be direct contact between the two parties for something to be battery, as long as there is some sort of contact. For example, spitting at someone could lead to simple battery charges. Even roughly taking something from a person could be considered simple battery. The law is very loosely defined so as to cover a lot of ground.
If a weapon was used, the accused may be charged with aggravated battery instead of simple battery.
Simple Battery Charges Without Injuries
Florida law defines simple battery based on the action, not on the outcome of the action. In other words, the law does not require that the alleged victim be seriously injured or injured at all for the accused to be charged with simple battery. However, if the actions did result in serious injury, the charge may be escalated to aggravated battery.
What Are The Penalties For Simple Battery In Florida?
Battery is a first-degree misdemeanor in the state of Florida, and the penalties following the conviction of a battery include:
- Up to one year in jail
- A fine of up to $1,000
- Up to one year of probation
When Does Simple Battery Become Aggravated Battery?
The use of weapons during an altercation can escalate the charges from simple battery to aggravated battery. This could involve an item commonly considered a weapon or any instrument capable of causing harm. For example, picking up a bottle in a bar fight and using it as a weapon to attack someone could be considered aggravated battery. Similarly, if the altercation resulted in major injuries to the alleged victim, it may be charged as aggravated battery instead of simple battery.
Exploring All Defense Options
Not every case I take can use the same defense strategy against simple battery charges. Possible defenses include the following:
- The touching or striking was not intentional.
- It was self-defense.
- They are false allegations.
I understand that facing a criminal charge can be frightening and overwhelming. Because of the potential consequences associated with the crime of simple battery, it is imperative that you speak with an experienced defense attorney right away. No matter the nature of your charges, with my over 20 years of experience in criminal defense, I can identify the best way to handle such a case.
Your Defense Starts Here
Contact my firm at 727-202-4418 or reach out to me online to schedule a free analysis of your case at my local office, located in Clearwater. I handle cases in Pinellas County and the surrounding areas, including Hillsborough, Manatee, Sarasota, Pasco and Polk counties. It is crucial to learn your legal options if you have been accused of simple battery. Let me start working for you today.