Domestic Violence Battery

Battery Domestic Violence

Florida law defines battery as an intentional touching against the will of another person. Battery can be charged as a misdemeanor or a felony, depending on the level of alleged injury. At the law firm of criminal defense attorney John Guidry II, we have the skill and the experience needed to handle charges related to battery-domestic violence, sexual battery, aggravated battery, aggravated battery with a deadly weapon, and aggravated battery with a firearm.

Effective defense in battery cases rests on an evaluation of the circumstances surrounding the accusations. Often, these cases rely more on witness accusations rather than actual physical evidence. Some police investigators simply chose to believe the accuser rather than take the time needed to uncover physical evidence that may undermine the allegations. Our law firm examines all the possible motives for the battery arrest. Was there a break-up or divorce pending? What is the extent of the alleged injuries? Are the injuries legitmate, self-inflicted, or sustained prior to the alleged incident? If an injunction is involved, does the “story” in the injunction match up with the “story” told to law enforcement at the time of the incident?

A battery charge can be enhanced to a "Domestic Violence" charge depending upon the relationship of the defendant to the alleged victim.  If the couple are married, that's easy, but under what conditions can a battery be enhanced to a domestic violence charge when the couple is not married, and not living together?  Well, our legislature has thought of just about everything, they call it "dating violence", and here's some guidelines:

“Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors:

1. A dating relationship must have existed within the past 6 months;

2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and

3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship.

The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.

Every battery case is different, with different sets of circumstances, different motivating factors, and different defense strategies. The Criminal Defense Firm of John Guidry II will thoroughly and personally defend your case, and advise you as to your best course of action. In all cases, we are committed to defending your rights to the full extent of the law.

If you have been charged with any type of Battery, you need immediate , effective defense work that our law firm offers. We urge you to contact us today for a free consultation.

E-mail: jguidrylaw@msn.com

Aggressive, quality representation since 1993