orlando battery defense attorney

Former Prosecutor | Over 10 Years of Experience | More than 40 Trials

If you have been arrested for battery, you may be facing jail, fines, probation, and a permanent criminal record. In Florida, battery can be charged as either a misdemeanor or a felony depending on the facts of the case and a person’s prior criminal history. The decisions you make in the days after arrest, even before your first court date, can have a lasting impact on your future. Central Florida Justice founder Ben Baxter provides strategic, comprehensive defense for clients facing battery charges throughout Orlando and Central Florida.

If you have been arrested for battery, you deserve an experienced criminal defense attorney who understands how the prosecution handles these cases and can develop a proactive defense to protect your rights, freedom, and your future.

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).

Florida’s Stand Your Ground law allows individuals to use force to protect themselves, others, or their property from the imminent use of unlawful force against them. 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.

Self Defense and Stand Your Ground

Florida’s Stand Your Ground law (Florida Statute 776.032) permits the use of force if you reasonably believe that such use of force is necessary to defend yourself or others. Under certain circumstances, you may use deadly force to defend yourself or others. An experienced aggravated battery defense attorney can evaluate the evidence in your case and file a motion to dismiss the charges if you were acting in self-defense.

Lack of Intent

To prove a battery charge in Florida, the State must establish that you committed an intentional act which resulted in the unconsented touching of another. A criminal defense attorney can scrutinize the witness testimony, photographic and video evidence, and other items in the case file to evaluate whether or not the act itself was committed with intent.

A Former Prosecutor On Your Side

Central Florida Justice founder Ben Baxter is a former prosecutor and Orlando criminal defense attorney with over a decade of experience. As a former prosecutor, he understands how the State Attorney’s Office investigates, charges, and prepares battery cases for trial. Now he uses that knowledge to anticipate the prosecution’s strategy, identify weaknesses in the State’s case, and develop a comprehensive proactive defense tailored to the facts of each case.

Central Florida Justice can help

Central Florida Justice is a criminal defense law firm founded by a former prosecutor. During his career, Ben Baxter has fought for justice, litigating hundreds of motions and taking over 40 cases to trial. He uses his decade of experience to get the best possible results for his cases and knows what it takes to challenge these charges at every stage of the case.

If you are facing a battery allegation, Central Florida Justice can help:

• Represent you at first appearance and bond hearings when possible;
• Conduct an independent investigation;
• Review witness statements and physical evidence;
• Depose witnesses to uncover inconsistencies and additional defense;
• Examine whether your constitutional rights were violated;
• Evaluate possible self-defense claims;
• Negotiate with prosecutors when appropriate; and
• Prepare your case for trial when necessary.

Central Florida Justice believes 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.

Every battery case is different. An arrest is not a conviction, and early intervention by an experienced criminal defense attorney can make a meaningful difference in how the case is resolved.

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.