Lakeland, FL Battery Criminal Defense Attorney

Experienced Criminal Defense Attorney in Lakeland, FL - Ricardo Alvarez offers aggressive legal services for alleged battery crimes. Serving Polk County and Central FL. Contact Battery Criminal Defense Attorney Ricardo Alvarez Today!

Call 863.709.0808 about your Battery Criminal Defense legal needs in Lakeland, Polk County, and Central Florida.

In the State of Florida, there are various forms of Criminal Battery:

• Battery: According to Florida Statute Chapter 784, the Criminal Act of Battery is defined as when any person actually and intentionally touch or strike another person against the will of the other; or intentionally cause bodily harm to another person.
• Aggravated Battery: When the battery occurs and the defendant intentionally or knowingly causes great bodily harm or permanent disability or disfigurement, or uses a deadly weapon in the commission of the battery crime.
• Battery on the Elderly: When the battery occurs against an alleged victim was 65 years old or older at the time of the assault.
• Battery on Law Enforcement Officer: When the battery occurs against a law enforcement officer.
• Battery on a Pregnant Woman: When the battery occurs against a pregnant woman and the accused had prior knowledge that the victim was pregnant, was informed by the victim or others that the victim was pregnant before the battery, or the accused should have been able to reasonable determine that the victim was pregnant.
• Fighting or Brawling: When an individual is involved in a fight or a brawl with another or others, if the investigation leads to evidence that individual participants were not acting in a lawful act of self defense or the defense of others that were in serious physical danger, these individuals may be charged with criminal battery and potentially other crimes as well, depending on the specifics of the battery crime and all evidence and witness statements that have been gathered.

Assault crimes may be charged as a misdemeanor or felony, depending on the specific nature of the alleged assault, who the assault was allegedly committed against, and sometimes, the accused prior criminal history.

In order for the prosecution to obtain a conviction for battery, intent must be proven beyond a reasonable doubt. If it is effectively proven by the defense that the accused actions were either not intentional, or that the accused was lawfully acting in self defense of his or herself, or lawfully acting in the defense of another against potential serious physical harm, then ca conviction for battery is not warranted under the law. Since intent is often very subjective, an experienced criminal defense attorney may get the battery charges reduced or may even be able to get the charges dropped or dismissed.

If you have been charged with a battery crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.

We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.

CRIMINAL DEFENSE ATTORNEY SERVING LAKELAND, WINTER HAVEN, BARTOW, POLK COUNTY, AND CENTRAL FLORIDA

Contact Battery Criminal Lawyer, Ricardo Alvarez today at 863.709.0808

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›

Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense

CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›

What is the legal definition of criminal battery in Florida?

In Florida, criminal battery is legally defined as the intentional touching or striking of another person against their will or causing bodily harm to someone else. It involves physical contact that is non-consensual and can range from simple battery, which includes offensive touching or minor injuries, to aggravated battery, which involves more serious harm or the use of a deadly weapon. The key element is the intentional act of physical contact without the other person's consent. Depending on the specific circumstances, battery can be charged as a misdemeanor or felony in Florida, with penalties ranging from fines, probation, and imprisonment. The severity of the charge typically depends on factors such as the extent of the injuries, the involvement of weapons, or the status of the victim, with harsher penalties for aggravated battery offenses.

If Convicted of a Battery Crime in Lakeland or Polk County, potential penalties for a criminal battery conviction in Florida may involve:

The potential penalties for a criminal battery conviction in Florida can vary depending on the specific circumstances of the case. Simple battery, which involves offensive touching or minor injuries, is generally classified as a first-degree misdemeanor, carrying penalties of up to one year in jail, probation, and fines of up to $1,000. However, if the battery is more severe, results in significant injuries, or involves certain protected individuals like law enforcement officers, the charge can be elevated to aggravated battery, which is a felony. Aggravated battery convictions can lead to much harsher penalties, including substantial fines, probation, and imprisonment ranging from several years to a maximum of 30 years in prison if it's considered a first-degree felony. The exact penalties can also be influenced by factors like prior criminal history and whether the defendant has previously been convicted of battery offenses.

Can self-defense or defense of others be used as a defense in a battery case in Florida?

Yes, self-defense or defense of others can be used as a valid defense in a battery case in Florida. Florida law recognizes the right to defend oneself or others from imminent harm or the reasonable belief of imminent harm. To successfully claim self-defense or defense of others, certain conditions must be met, including a genuine fear of bodily harm or death, the absence of any opportunity to safely retreat (known as the "stand your ground" principle), and the use of force that is proportional to the perceived threat. If these elements are present, the defendant may be justified in using force to protect themselves or others, and this can serve as a defense in a battery case. It's essential to consult with an experienced criminal defense attorney who can assess the specific circumstances of the case and build a strong argument for self-defense or defense of others if applicable.

Can I still be charged with a battery crime in Florida if I did not initiate the physical contact?

Yes, in Florida, you can still be charged with a battery crime even if you did not initiate the physical contact. Battery charges can be filed based on any intentional, non-consensual physical contact that causes harm or is offensive in nature, regardless of who initiated the contact. If you are found to have used force against another person without their consent, leading to injuries or offense, you may face battery charges. However, the specific circumstances and the roles of both parties involved, as well as any available evidence and witness testimonies, will be considered in determining the appropriate charges and whether self-defense or other legal defenses may apply in your case. It's crucial to consult with an experienced criminal defense attorney to assess the details of your situation and build a strong defense strategy if you are charged with battery in Florida.

What is the difference between simple battery and aggravated battery in Florida?

In Florida, the key difference between simple battery and aggravated battery lies in the severity of the offense and the circumstances surrounding it. Simple battery involves the intentional touching or striking of another person against their will, resulting in minor injuries or offensive contact. It is typically classified as a first-degree misdemeanor, punishable by up to one year in jail and fines. On the other hand, aggravated battery is a more serious offense, characterized by causing great bodily harm, permanent disability, or the use of a deadly weapon during the battery. Aggravated battery is considered a felony in Florida, with penalties ranging from substantial fines, probation, and imprisonment that can extend from several years to a maximum of 30 years, depending on the specific circumstances. The classification of the offense is determined by the severity of the harm caused and whether certain aggravating factors, like weapon use, are present.

What evidence can be used against me in a battery case in Florida?

In a battery case in Florida, several types of evidence can be used against you. This may include eyewitness testimonies from the victim and any individuals who witnessed the incident. The victim's medical records or photographs of injuries, if applicable, can also serve as evidence of the harm caused. Additionally, any statements you made to law enforcement officers or others at the time of the incident can be used against you in court. Surveillance footage, if available, may be introduced to establish the sequence of events and the nature of the physical contact. Moreover, any prior convictions or a history of violent behavior may be presented as evidence to demonstrate a pattern of aggression. It's crucial to consult with a skilled criminal defense attorney to assess the evidence against you, challenge its credibility, and develop a strong defense strategy tailored to your specific circumstances if you are facing a battery charge in Florida.

Are there any alternatives to jail time for battery offenders in Florida?

Yes, in Florida, there are alternatives to jail time for battery offenders, depending on the specific circumstances of the case and the defendant's criminal history. One common alternative is probation, where individuals can serve their sentences in the community while complying with conditions such as anger management classes or community service. Another option is house arrest or electronic monitoring, allowing individuals to serve their sentences at home while being monitored by authorities. Additionally, some offenders may be eligible for pretrial diversion programs, which focus on rehabilitation rather than prosecution. However, the availability of these alternatives depends on factors such as the severity of the battery, the defendant's criminal history, and their willingness to participate in rehabilitation programs. Consulting with an experienced criminal defense attorney can help assess the options available and build a defense strategy tailored to the circumstances of the case.

What should I do if I believe I'm being wrongly accused of battery in Florida?

If you believe you're being wrongly accused of battery in Florida, it's crucial to take several important steps to protect your rights and mount a strong defense. First and foremost, consult with an experienced criminal defense attorney who specializes in battery cases. Your attorney will help you understand the legal process, provide guidance on your rights, and work to build a robust defense strategy tailored to your specific circumstances. Avoid speaking with law enforcement or making statements without your attorney present, as anything you say can be used against you. Gather any evidence that supports your innocence, such as witnesses, surveillance footage, or communication records. Document any interactions with law enforcement, including the circumstances of your arrest. Lastly, maintain open and honest communication with your attorney, providing them with all relevant information and cooperating fully in your defense. Being proactive and having legal representation are essential steps to protect your rights and improve your chances of a favorable outcome if you believe you are wrongly accused of battery in Florida.

Can a battery conviction affect my ability to own or possess firearms in Florida?

Yes, a battery conviction in Florida can potentially affect your ability to own or possess firearms. Florida law prohibits the possession of firearms by individuals convicted of certain crimes, including felony battery convictions and misdemeanor domestic violence battery convictions. A conviction for such offenses can result in the loss of your right to own or possess firearms, and it may also lead to the surrender of any firearms you already own. It's important to note that the specific impact on your gun rights can vary depending on the nature and severity of the battery conviction, so consulting with a knowledgeable attorney is advisable to understand the implications and potential steps for restoration of your firearm rights if applicable.

Contact Domestic Violence Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808

6700 Florida Ave S, Lakeland, FL 33813

Phone: 863.709.0808

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