Broward County Battery Defense Lawyer

Focused Strategic Defense for Battery Charges in Broward County

An argument at a Fort Lauderdale bar turns into a shove. A disagreement with a neighbor ends with someone calling the police. A heated exchange with a spouse leads to an arrest, even though both people tell different stories about what happened. Now you're facing a battery charge, and you're wondering whether one incident could cost you your job, your freedom, or your future.

Florida battery laws cover more than serious physical attacks. Even unwanted touching that causes no injury can result in criminal charges. When the allegations involve serious injuries, a prior battery conviction, or domestic violence, the consequences can become more severe.

At the Law Offices of Dave L. Simmons, P.A., our Broward County battery defense lawyer understands what's at stake. Attorney Dave Simmons previously served as both a Broward County Assistant State Attorney and Assistant Public Defender. He knows how prosecutors evaluate battery allegations, what evidence they rely on, and where weaknesses in their cases may exist. Whether you're facing a misdemeanor or felony charge, Dave works directly with you to build a defense focused on protecting your rights and future.

What Is Battery Under Florida Law?

Under Florida Statute 784.03, battery occurs when someone intentionally touches or strikes another person against their will or intentionally causes bodily harm.

Unlike assault, which generally involves an intentional threat that creates fear of imminent violence, battery requires physical contact or bodily harm. However, that contact doesn't necessarily have to cause an injury.

For example, pushing someone during an argument, grabbing another person's arm, or slapping someone may support a battery charge if prosecutors can prove the required elements. Accidental contact, however, is not the same as intentionally touching or striking someone against their will.

What Types of Battery Crimes Are Prosecuted in Broward County?

Battery charges range from misdemeanors to serious felonies. The nature of the contact, extent of the injuries, relationship between the people involved, and prior criminal history can all influence the charges filed.

Simple Battery

A simple battery generally involves intentionally touching or striking someone against their will or intentionally causing bodily harm. A person may be arrested for simple battery even when the alleged victim has no visible injuries.

Felony Battery

Under Florida Statute 784.041, felony battery involves actually and intentionally touching or striking another person against their will and causing great bodily harm, permanent disability, or permanent disfigurement. Unlike aggravated battery, felony battery does not require proof that the accused intended to cause serious injury.

A separate felony enhancement may apply under Florida Statute 784.03 when the accused has a qualifying prior battery conviction.

Aggravated Battery

Aggravated battery under Florida Statute 784.045 involves intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement, or using a deadly weapon during a battery. The statute also covers certain batteries against a person the accused knew or should have known was pregnant.

Domestic Violence Battery

Under Florida law, domestic violence battery involves an underlying battery offense committed against a qualifying family or household member. Allegations may arise between spouses, former spouses, relatives, co-parents, or people who live or previously lived together as a family.

These cases may involve additional court restrictions, including no-contact orders, removal from a shared residence, and firearm restrictions. A dating relationship alone does not necessarily establish the family or household relationship required for every domestic violence provision.

Domestic Battery by Strangulation

Under Florida Statute 784.041(2), domestic battery by strangulation occurs when someone knowingly and intentionally impedes another person's normal breathing or blood circulation by applying pressure to the throat or neck or blocking the nose or mouth, creating a risk of or causing great bodily harm.

The statute applies to qualifying family or household members and dating relationships. Visible injuries are not required, but prosecutors must establish the statutory elements of the offense.

What Are the Penalties for Battery in Florida?

Florida battery penalties depend on the offense charged, the defendant's criminal history, and the circumstances surrounding the incident. Punishments can include:

• Simple battery. Generally, a first-degree misdemeanor is punishable by up to one year in jail and a $1,000 fine.
• Felony battery. A third-degree felony carries up to five years in prison and a $5,000 fine.
• Aggravated battery. A second-degree felony carries up to 15 years in prison and a $10,000 fine.
• Domestic violence battery. The underlying offense determines whether the charge is a misdemeanor or a felony. Additional domestic violence sentencing requirements may apply.
• Domestic battery by strangulation. A third-degree felony carries up to five years in prison and a $5,000 fine.

Florida law also provides for mandatory minimum jail time in certain domestic violence battery cases involving bodily harm. Under Florida Statute 741.283, a qualifying first offense requires at least 10 days in county jail, with longer minimum terms for subsequent qualifying offenses.

Depending on the charge, a conviction may also result in probation, restitution, mandatory counseling, or other court-ordered conditions. Some aggravated battery cases can carry additional sentencing consequences under Florida's sentencing laws.

What Does a Broward County Prosecutor Have to Prove to Convict You of Battery?

An arrest is not proof of guilt. To convict someone of simple battery, the State must establish every required element beyond a reasonable doubt.

Depending on the allegations, prosecutors must prove that:

• You committed the alleged act. The State must establish that you were the person who engaged in the alleged conduct.
• The contact or harm met the legal definition of battery. Prosecutors must prove that you intentionally touched or struck another person against their will or intentionally caused bodily harm.
• The required elements of any enhanced charge were present. Felony battery, aggravated battery, and domestic battery by strangulation require additional proof specific to the offense.

In felony battery cases, prosecutors must establish the required serious injury. Aggravated battery requires proof of the applicable aggravating circumstance, such as the intentional infliction of serious injury or use of a deadly weapon. Domestic battery by strangulation requires proof of the specific conduct, risk or harm, and qualifying relationship described in the statute.

Police reports, photographs, medical records, surveillance footage, and witness statements may all become part of the prosecution's evidence. However, the existence of evidence doesn't automatically establish guilt.

Our Broward County battery defense attorney can examine whether the State can actually prove each required element and whether the evidence supports the allegations.

What Defenses Can Be Used Against Battery Charges in Florida?

A battery charge does not automatically mean a conviction. The circumstances surrounding the incident, witness accounts, and available evidence can all affect the strength of the prosecution's case. Attorney Dave Simmons examines these factors to develop a strategic defense based on the specific allegations.

Depending on the circumstances, potential defenses may include:

• Self-defense. Florida law allows people to use reasonable force to protect themselves from another person's unlawful use of force. Dave examines whether you acted to protect yourself and whether the force used was legally justified under the circumstances.
• Lack of intent. Florida battery law generally requires intentional touching or striking against another person's will, or intentionally causing bodily harm. Accidental contact may not satisfy the legal requirements for battery. Dave reviews the circumstances to determine whether the evidence supports an intentional act.
• False accusations. Battery charges sometimes arise from personal disputes, relationship disagreements, or conflicting accounts of an incident. Dave examines the accuser's statements, possible motives, and supporting evidence to identify inconsistencies that may undermine the allegations.
• Insufficient evidence. Prosecutors must establish the elements of battery beyond a reasonable doubt. Conflicting witness statements, missing surveillance footage, or evidence that contradicts the allegations may create reasonable doubt about what occurred.
• Constitutional violations. Law enforcement officers must respect your constitutional rights during an investigation and arrest. Unlawful searches, arrests without probable cause, improperly obtained statements, or violations of your right to counsel may provide grounds to challenge certain evidence. Depending on the circumstances, Dave may seek to suppress evidence obtained in violation of those rights.

The most effective defense depends on the facts of your case. By examining the evidence and identifying weaknesses in the allegations, Dave works to challenge the charges and pursue an appropriate resolution.

How Can Early Legal Representation Help After a Battery Arrest?

The decisions made immediately after a battery arrest can affect the direction of the case. Evidence may disappear, witnesses may become difficult to locate, and prosecutors may later use statements made without legal advice.

At the Law Offices of Dave L. Simmons, P.A., Dave Simmons begins evaluating the allegations and available evidence early. This may involve obtaining police reports, reviewing body-camera footage, identifying witnesses, and preserving surveillance recordings before they are deleted.

He can also evaluate bond conditions, advise you about communications with law enforcement, and determine whether the circumstances support seeking modification of court-imposed restrictions.

For eligible cases, he may explore diversion programs, negotiated resolutions, or other alternatives. When the evidence supports contesting the charge, he prepares to challenge the prosecution in court.

Pre-File Intervention Before Formal Battery Charges Are Filed

An arrest does not necessarily mean the Broward County State Attorney's Office will file formal criminal charges. Prosecutors review the available evidence before making that decision, creating an opportunity for early defense intervention.

As a former Broward County prosecutor, Dave Simmons understands the charging process and the factors prosecutors may consider when evaluating a battery case.

Depending on the circumstances, pre-file intervention may involve:

• Reviewing the arrest affidavit. Identifying missing facts, inconsistent allegations, or weaknesses in the evidence supporting the arrest.
• Preserving favorable evidence. Obtaining available video footage, witness information, photographs, or communications that may support your account.
• Presenting information to prosecutors. When appropriate, provide evidence or legal arguments that may affect the State's charging decision.
• Exploring alternatives. Evaluating whether the case may qualify for diversion or another available resolution.

Pre-file intervention cannot guarantee that charges will be declined. However, it may allow important defense evidence to be considered before the case advances.

Why Choose the Law Offices of Dave L. Simmons, P.A.?

Broward County trespass clients choose Dave Simmons for direct, personal representation from an attorney who has tried cases on both sides of the 17th Judicial Circuit courtroom — and who limits his practice exclusively to Broward County.

• Avvo 10.0 Superb Rating — Avvo’s highest designation

• Justia 10.0 Rating — perfect score on one of the nation’s leading legal directories

• Martindale-Hubbell AV Preeminent® Rating — the highest peer review distinction in the legal profession, reflecting the assessment of fellow attorneys and members of the judiciary for both ethical standards and legal ability

• 200+ five-star client reviews

• Exclusive Broward County practice

• Supported by a legal team — Dave handles your case personally, not a paralegal or associate

• Extensive courtroom and trial experience

• Regular appearances before Broward County Court judges

Our goal is to pursue the strongest available resolution while preparing every trespass case for trial when the circumstances call for it. Whether you are facing a misdemeanor or felony trespass charge, Dave builds a defense around the facts of your case and works to protect your record, freedom, and future.

Talk to a Broward County Battery Defense Lawyer Today

A battery arrest can leave you wondering whether your career, family relationships, and reputation will ever be the same. At the Law Offices of Dave L. Simmons, P.A., attorney Dave Simmons represents people facing misdemeanor and felony battery charges throughout Fort Lauderdale and Broward County. Call 954-765-3540 for a free, confidential case evaluation directly with Dave L. Simmons.