Felony battery pursuant to Florida Statute section 784.03
Sometimes people get into bar fights or street brawls not just once but multiple times. Even though there may not be permanent or disabling injuries, you can still be charged with battery. Moreover, you can be charged with felony battery under Florida Statute section 784.03 if you have a prior conviction. At Hanlon Law, we understand that it can be overwhelming to be charged with felony battery and face the possibility of incarceration. St. Petersburg battery defense lawyer Will Hanlon can talk to you about what happened and try to determine the strongest possible strategy, advocating for your rights as the accused.Felony Battery Pursuant to Florida Statute Section 784.03
Florida Statute section 784.03 provides that you can be convicted of felony battery if the prosecution can show that you actually and intentionally struck or touched somebody else against their will. In addition, you can be convicted if the prosecution can show that you intentionally caused bodily harm to somebody else. In most cases, battery is a first-degree misdemeanor. People who do not have a criminal record may not even face jail time. However, it is still important to retain a St. Petersburg criminal attorney for battery charges.
Meanwhile, if you have just one prior conviction for felony battery, aggravated battery, or battery, and you are convicted of a second or subsequent battery, you can be punished for a third-degree felony. A conviction can include a determination of guilt that is produced from a plea or trial, irrespective of whether a plea of nolo contendere was entered or adjudication was withheld. A judge is required to sentence you to at least 19-36 months for a felony battery conviction and can sentence you to up to five years, unless they have a reason for a downward departure.
Downward departures from the lowest allowed sentence as calculated under section 921.0024 are forbidden except when certain factors reasonably justify them. Mitigating factors include a legitimate, un-coerced plea bargain, your ability to appreciate the criminal nature of your actions or conform your actions to legal requirements, and the need for mental health treatment. In addition to prison time, you may be assessed fines of up to $5,000. Depending on the circumstances, other penalties can include restitution awards, counseling, community service, evaluations, psychological evaluations, and counseling. When felony battery is also domestic violence, you may need to complete a weeks-long program related to domestic violence and battery. Sometimes charges may be brought under section 784.041 instead when the felony battery causes great bodily harm, permanent disability, or permanent disfigurement, or when the felony battery involves strangulation of an intimate or dating partner or a household member.
There may be defenses that we can raise on your behalf, although whether we can raise certain defenses depends on the unique facts of your situation. In some cases, it may be appropriate to raise the defense of self-defense. In others, it may be appropriate to argue consent or mutual combat. There are certain situations in which raising the Stand Your Ground defense may be appropriate or the use of force in defense of others. In the heat of the moment, people may remember different things about what happened and the order in which events happened. If there is a factual dispute about how a fight happened, it may be possible to raise a reasonable doubt about the prosecutor's version of what happened and get the charges dismissed or reduced or obtain an acquittal from a jury. Sometimes, there is a back story that permits us to raise the idea that the supposed victim is vindictive or lying.Consult a Criminal Defense Attorney at Hanlon Law in St. Petersburg
If you are seeking a tough and skillful lawyer to fight charges of felony battery or a related crime, such as resisting an officer with violence, Hanlon Law may be able to represent you. Our founder, Will Hanlon, has been providing dedicated criminal defense representation in the St. Petersburg area since 1994. Call Hanlon Law at 727.897.5413 or use our online form.