orlando battery defense attorney

Battery is a serious criminal offense in Florida that can be charged as either a misdemeanor or a felony depending on the facts of the case and a person’s prior criminal history. A conviction for battery can result in a jail or prison sentence, probation, fines, and a permanent criminal record. Because Battery is considered a violent crime, these cases are often prosecuted aggressively. This aggressive prosecution should be matched with an aggressive and strategic defense by an experienced criminal defense attorney.

What is Battery under Florida Law?

To prove Battery (Florida Statute 784.03), the State must establish beyond a reasonable doubt that the accused:

1. Intentionally touched or struck another person against their will; or
2. Intentionally caused bodily harm to another person.

Even minimal or slight contact can be charged as Battery. This includes poking, pushing, and spitting.

When does Battery Become a Felony ?

While Battery is a 1st degree misdemeanor punishable by up to 364 days in jail, certain factors can elevate the charge to a felony:

• Prior Battery Conviction – Florida Statute 784.03(2)
• Aggravated Battery – Florida Statute 784.045
  • The act caused great bodily harm, permanent disability, or disfigurement
  • The act involved the use of a deadly weapon
  • The victim was pregnant
• The victim was 65 or older – Florida Statute 784.08

Felony Battery charges carry severe penalties, including potential prison sentences. In some cases, a felony battery conviction may classify a person as a Violent Felony Offender of Special Concern (Florida Statute 948.06), which can trigger drastically enhanced penalties for violating probation, including a mandatory prison sentence.

Defenses to Battery Charges in Florida

Battery cases are fact specific, and the evidence is often entirely testimonial, making it one person’s word against another. One of the most common defenses in Battery cases is self-defense immunity under Florida’s Stand Your Ground Law (Florida Statute 776.032). This law allows individuals to use reasonable force to protect themselves, others, or their property. In certain rare circumstances, the law may even justify the use of deadly force. Other defenses often include arguments that the allegations are false, that the accused lacked the required intent, that there was mutual combat or consent, or that the evidence itself is insufficient to meet the State’s burden of proving the case beyond a reasonable doubt.

Central Florida Justice can help

Central Florida Justice founder Ben Baxter is an experienced Florida criminal defense attorney and a former prosecutor who understands how Battery charges are investigated and prosecuted by the State of Florida. He knows how to challenge witness statements, expose critical inconsistencies, assert self-defense claims, and fight to protect your rights, your record, and your future.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or someone you know has been arrested for Battery in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, and Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with Orlando criminal defense attorney Ben Baxter.