Jacksonville Battery Lawyer
In Jacksonville, battery is a Jacksonville criminal charge that can range from a felony or misdemeanor, depending on the circumstances and facts surrounding the Florida battery. The Jacksonville crime can be charged as simple battery, aggravated battery, battery on a law enforcement officer (this includes firefighters, emergency medical care providers, public transit employees or agents, or other specified officers), battery on sexually violent predators detention or commitment facility staff, battery on the elderly (someone over 65 years of age), battery by a person who is being detained in a prison or jail, or assault on code inspectors.
Florida Statute Chapter 784 is the Florida law that governs a Jacksonville battery arrest. In Jacksonville, a simple battery is usually charged as a Florida misdemeanor crime. Florida Simple Battery is in Section 784.03, Florida Statutes. Jacksonville Simple Battery occurs when:
- a Florida Criminal Defendant actually and intentionally touch or strike another person against the will of the other; or
- Intentionally cause bodily harm to another person.
If you have been arrested and convicted of battery in Florida before (you have a prior conviction for battery), you can be charged with a felony, even if you only committed a simple batter. Under Florida law, if you have at least one prior conviction of battery, aggravated battery, or felony battery and you commit an another battery, the Florida simple battery can be enhanced as a felony battery, which is a third degree felony. For example, imagine that you have a prior conviction for Jacksonville aggravated battery in Duval County, simple battery in Clay County, or felony battery in Nassau County, and then you are arrested in St. Johns county for merely hitting someone without causing any injury. The St. Johns County State Attorney’s Office can file charges against you in St. Augustine, Florida for felony battery, even though your actions only arose to a Florida simple battery.
When the Jacksonville or other Florida court makes a determination as to whether a Jacksonville Criminal Defendant can be charged with Florida felony battery, the court will look at the defendant’s criminal record. The prior battery on the criminal record will be considered when there is a conviction of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
A Jacksonville Battery Lawyer, with extensive experience with Florida battery cases, knows there are many ways to defend an individual against a battery charge. Defenses to a a battery arrest include self-defense. Self-defense to a battery arrest requires presenting evidence that you were justified in your actions.
In a Jacksonville battery case, the prosecution need to show that you either acted against the will of the other person or you intended to cause bodily harm to the other person. The prosecution must prove a Jacksonville battery charge beyond a reasonable doubt to get a Florida battery conviction at a jury trial.
It is import to have an experience Jacksonville Criminal Attorney investigate your case. This investigation consists of, among other things, investigating and interviewing the witnesses, checking for inconsistencies and differences can be found that would create a reasonable doubt that a Florida battery occurred.
If you have been charged with battery, aggravated battery, domestic battery, or felony battery in Jacksonville or the surrounding areas of Florida or believe you are under investigation for a battery or other criminal activity contact a Jacksonville Criminal Defense Lawyer as soon as possible. Contact a Jacksonville Criminal Defense Lawyer at 20 Miles Law. You can contact a Jacksonville Criminal Defense Attorney at (904) 564-2525 or by email.