Few experiences are more frightening than seeing police at your door, especially if you're unsure about the reason for the visit. If you've been arrested for battery in Florida, the road ahead may feel uncertain and overwhelming. You need a Fort Lauderdale criminal defense attorney on your side.
At the Law Offices of Dave L. Simmons, we stand ready to protect your rights and build the strongest possible defense. You don't have to go through this alone. Here’s what you need to know if you were arrested on battery charges.
What Qualifies as Battery in Florida?
Many people use the terms "assault" and "battery" interchangeably, but they are distinct offenses under Florida law. An assault involves threats of violence, while battery requires actual physical contact. Specifically, Florida Statute § 784.03 defines battery as:
- Actually and intentionally touching or striking another person against their will; or
- Intentionally causing bodily harm to another person.
This broad definition means that even minimal contact, like poking someone's chest during an argument, could potentially lead to battery charges. The alleged victim doesn't need to suffer an injury. If the contact was unwanted and intentional, it may qualify as battery.
The Complications of Domestic Battery
Battery charges become even more serious in a domestic context. If the alleged victim is a family or household member, prosecutors may pursue harsher penalties—even for a first offense. Under Florida Statute § 741.28, "family or household member" includes:
- Spouses (current or former)
- Romantic partners (current or former)
- Parents of a shared child
- Relatives by blood or marriage
For domestic battery, enhanced consequences can include:
- Mandatory minimum jail sentence of 10 days
- Completion of a 29-week Batterers' Intervention Program
- 12 months of probation
- Loss of firearm rights
The presence of aggravating factors, such as strangulation, use of a weapon, or serious bodily injury, can elevate a domestic battery charge to a felony and increase the potential penalties.
Misdemeanor Battery: The Legal Process
After a battery arrest, the legal gears start turning quickly. Here's a breakdown of what typically happens:
- Arrest and booking. Police will take you into custody, read your rights, and transport you to jail for processing. You'll be fingerprinted, photographed, and placed in a holding cell until your first appearance.
- First appearance. Within 24 hours of arrest, you'll go before a judge who will review your charges, set bail, and issue any protective orders (like a "no contact" order in domestic cases). This hearing is crucial for securing your release and beginning to mount your defense.
- Arraignment. The arraignment is your first opportunity to enter a formal plea to the charges against you. Always plead "not guilty" at this stage, even if you think you might want to accept a deal later. Pleading "not guilty" protects your constitutional rights as the case moves forward.
- Pre-trial negotiations. After the arraignment, your attorney will review evidence, interview witnesses, and negotiate with prosecutors for dismissal or reduction of charges. In some cases, this may lead to a mutually agreeable plea deal. In others, the state may drop the charges entirely.
- Trial. If pre-trial negotiations don't yield an acceptable agreement, your case will proceed to trial, where a judge or jury will decide your guilt or innocence. At trial, your attorney will present evidence, cross-examine the state's witnesses, and argue for a "not guilty" verdict.
Building a Strong Battery Defense
No two battery cases are quite alike. At the Law Offices of Dave L. Simmons, we understand that cookie-cutter defense strategies are ineffective. We'll delve into the details of your unique situation to craft a tailored approach that meets your needs and goals.
Some common defenses against battery charges include:
- Self-defense or defense of others. If you reasonably believed force was necessary to protect yourself or someone else from imminent harm, you may have a valid self-defense claim.
- Insufficient evidence. The state must prove every element of a battery charge beyond a reasonable doubt. If prosecutors lack evidence to meet this high standard, they can't secure a conviction.
- Consent. If the alleged victim consented to the contact in question (e.g., during a boxing match or football game), battery charges may not stick.
- Lack of intent. Battery is an intentional act. If you accidentally bumped into someone or didn't mean to cause harm, your attorney may be able to show that you lacked the required intent.
As your case progresses, your criminal defense lawyer will identify the defenses that best fit the facts and fight tenaciously to achieve the optimal outcome.
Don't Face Battery Charges Alone
A battery conviction can impact every area of your life, from your personal relationships to your career prospects. You need an advocate in your corner who understands Florida's criminal justice system.
If you've been arrested for battery in Fort Lauderdale, the legal team at the Law Offices of Dave L. Simmons is here to help. We’ll listen to your story, explain your options, and work tirelessly to protect your freedom and safeguard your future. With our experienced Fort Lauderdale battery defense lawyer by your side, you can face the legal process with confidence and work toward a brighter tomorrow.
