Battery

BATTERY (Battery on a LEO, Aggravated Battery, Battery on a Pregnant Person, etc.)

Battery charges range anywhere from a simple misdemeanor, all the way up to serious punishable by life felony charges, all of this depending upon four factors, 1) the extent of injury to a victim (i.e. serious bodily injury), 2) type of victim (i.e. domestic relationship, pregnant, over age 65, law enforcement officer),  3) weapon used, if any (i.e. deadly weapon, firearm), and 4) defendant's prior record (prior battery convictions enhance battery charges).

The basic definition of a simple battery is found in the Florida Statutes:

784.03. Battery; felony battery

(1)(a) The offense of battery occurs when a person:

1. Actually and intentionally touches or strikes another person against the will of the other; or

2. Intentionally causes bodily harm to another person.

(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

As you can see above, you can commit a battery in two different ways, either by intentionally touching a person against their will or intentionally causes bodily harm to another person.  That's the easy part.  The more difficult legal problems arise from the numerous ways to enhance a battery.  For example, battering a woman is a misdemeanor of the first degree, but if the woman is pregnant, that same act becomes a felony (what if you don't know the woman is pregnant?).  Battering a man may be a misdemeanor as well, but if that man is over the age of 65, it's now a felony charge for the exact same conduct (what if you didn't know the person was over the age of 65?).

There are too many issues to list here regarding the many different ways our government can enhance a simple battery charge into something far more serious.  So, don't face this alone, call criminal attorney John Guidry today to discuss all your options.  The consultation is free, you have nothing to lose, and lots of knowledge to gain!