Pensacola Law Firms Describe the Punishments for Different Levels of Battery

Pensacola Law Firms Describe the Punishments for Different Levels of Battery

Battery charges in Pensacola can range from misdemeanors to felonies depending on the circumstances of the alleged crime. While any accusation of battery should be taken seriously, it’s important to understand the nuances in these charges, as punishments can vary widely. Local law firms break down battery classifications and potential consequences below.

What Constitutes Battery in Florida?

Under Florida law, battery occurs when one person actually and intentionally touches or strikes another person against their will, or intentionally causes bodily harm to another person. This touching or striking does not have to cause an injury – it simply must be unwanted. Threatening to touch or strike someone against their will does not constitute battery under Florida law.

Battery can be charged as a misdemeanor or felony offense, depending on the circumstances. Misdemeanor battery is a first degree misdemeanor, while felony battery charges can range from third degree felonies to first degree felonies, the most severe criminal charge in Florida apart from capital offenses.

Misdemeanor Battery

A standard misdemeanor battery charge under Florida statute 784.03 is a first degree misdemeanor. This may apply when someone commits simple battery resulting in no or minor injuries against a victim with no special classification.

Potential punishments for misdemeanor battery include:

• Up to 1 year in county jail
• Fines up to $1,000
• Probation

This misdemeanor charge means the defendant does not face the lifelong consequences of a felony conviction. However, all battery convictions remain permanently on one’s criminal record.

Felony Battery

When certain aggravating factors are present, battery rises to the level of a felony offense. Felony battery charges in Florida include:

Third Degree Felony Battery

Third degree felony battery under F.S. 784.041 involves:

• Committing battery against a pregnant woman you know is pregnant
• Committing battery against a public transit employee or sports official

Third degree felony convictions can lead to:

• Up to 5 years in state prison
• Fines up to $5,000
• Probation

Second Degree Felony Battery

Under F.S. 784.041, second degree felony battery involves committing battery:

• Against a law enforcement officer, firefighter, emergency medical care provider, traffic crash investigation officer, code inspector, or other specified officers
• Against a person 65 years of age or older
• Against a specified professional while they are working

Second degree felony battery carries penalties of:

• Up to 15 years in prison
• Fines up to $10,000
• Probation

First Degree Felony Battery

Per F.S. 784.041, first degree felony battery is:

• Committing battery that causes great bodily harm, permanent disability, or permanent disfigurement
• Using a deadly weapon while committing battery

First degree felony battery is punishable by:

• Up to 30 years in prison
• Fines up to $10,000
• Probation

Defenses to Battery Charges

When facing any battery charge in Pensacola, it is advisable to consult with an experienced local criminal defense attorney as soon as possible. Potential defenses to battery accusations can include:

• Self-defense – Using reasonable force to protect yourself or others from harm. The defense must show that the defendant acted reasonably.
• Defense of property – Using reasonable force to prevent trespassing, theft, or damage of property. Again, reasonableness is key.
• Consent – Showing the alleged victim consented to the physical contact. Consent can be tricky and does not apply to domestic violence cases.
• Misidentification – When the accusation stems from mistaken identity – the defendant was not the actual perpetrator.
• False accusations – The alleged victim is lying about the battery for ulterior motives.

An attorney can investigate the circumstances and build the strongest defense to achieve the best possible outcome for a defendant facing battery charges in Pensacola.

The Cost of a Battery Conviction

Any battery conviction, whether a misdemeanor or felony, can carry lasting consequences beyond potential jail time and fines. A permanent criminal record can negatively impact one’s career, education, housing, and other aspects of life.

Those convicted of domestic battery may face hurdles in family court if they later seek child custody or visitation rights. Any felony conviction means losing the right to possess firearms and vote.

Given the high stakes, securing experienced legal counsel is critical when facing accusations of battery in Pensacola. An attorney can advise on the best defense strategy and work to negotiate reduced charges or a pretrial diversion program resulting in charges being dropped following completion of court requirements. This can help defendants avoid the most severe penalties associated with battery convictions.