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BATTERY CRIMES
Battery is a charge that is most frequently charged as misdemeanor. The injury of the alleged victim is the strongest factor that determines how serious the Battery charge will be. Felony and Aggravated Battery are charged when the injuries are more serious.
The intent and the criminal history of the accused are the circumstances most carefully considered by the prosecuting agency when deciding the degree of battery to charge. Of course the credibility of the alleged victim is another important factor.
Battery involving the use of weapons can lead to a charge of attempted murder or murder if the alleged victim dies as a result of the battery.
Domestic battery or domestic aggravated battery are more difficult to defend because our society has a more difficult time being objective about allegations of domestic violence. Mr. Sherman takes pride in his skill at removing potential jurors who cannot be objective.
Under Florida Statute § 784.03, the offense of Battery requires proof beyond a reasonable doubt:
- The Defendant intentionally struck or touched the alleged victim against the will of the alleged victim; and
- The Defendant intentionally caused bodily harm to the alleged victim.
Use the contact form here, or call 386-453-0500 to speak with an attorney today and schedule your free initial consultation.
Battery is a charge that is most frequently charged as misdemeanor. The injury of the alleged victim is the strongest factor that determines how serious the Battery charge will be. Felony and Aggravated Battery are charged when the injuries are more serious.
The intent and the criminal history of the accused are the circumstances most carefully considered by the prosecuting agency when deciding the degree of battery to charge. Of course the credibility of the alleged victim is another important factor.
Battery involving the use of weapons can lead to a charge of attempted murder or murder if the alleged victim dies as a result of the battery.
Use the contact form here, or call 386-453-0500 to speak with a lawyer today and schedule your free initial consultation.
Domestic battery or domestic aggravated battery are more difficult to defend because our society has a more difficult time being objective about allegations of domestic violence. Mr. Sherman takes pride in his skill at removing potential jurors who cannot be objective.
Under Florida Statute § 784.03, the offense of Battery requires proof beyond a reasonable doubt:
- The Defendant intentionally struck or touched the alleged victim against the will of the alleged victim; and
- The Defendant intentionally caused bodily harm to the alleged victim.
Under Florida Statutes Section 784.045 and 784.041, the offense of Aggravated Battery or Felony Battery requires proof of the same elements of battery, plus that in committing the battery, the defendant either:
- Knowingly and intentionally caused permanent disfigurement, permanent disability or great bodily harm to the alleged victim; or
- Used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death.
Under Florida Statutes § 784.045, the crime of Aggravated Battery on a Pregnant Victim requires proof of a battery plus proof beyond a reasonable doubt that:
- The victim was pregnant at the time of the battery; and
- The defendant knew or should have known that the victim was pregnant at the time the battery was committed.
Call for a free consultation 386-453-0500