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BATT1006 Battery Second or Subsequent Offense
Facing a BATT1006 Battery Second or Subsequent Offense Charge in Hillsborough County, Florida?
If you or someone you know has been arrested and charged with BATT1006 Battery Second or Subsequent Offense in Hillsborough County, Florida, it is critical to understand that you are facing a felony charge. As your website wisely advises, if you were not represented properly the first time, do not repeat that mistake. A second or subsequent battery offense carries significant penalties, and experienced legal representation is paramount.
If you were not represented the first time, DO NOT MAKE THE SAME MISTAKE.Don’t Make the Same Mistake Twice – Call Us Now.
At the Law Office of W.F. “Casey” Ebsary Jr., located in Tampa and serving all of Hillsborough County, we are dedicated to providing aggressive and effective defense against felony battery charges under Florida Statute § 784.03(2). With years of experience navigating the complexities of the Florida legal system, W.F. “Casey” Ebsary Jr. understands the serious nature of repeat battery offenses and is committed to fighting tirelessly to protect your rights and your future. If you have been charged with BATT1006 Battery Second or Subsequent Offense, do not delay – call us NOW FOR FREE at (813) 222-2220 and tell me your story.
Understanding BATT1000 Battery (Touch or Strike) is the foundation for comprehending the escalation to a felony for repeat offenses. BATT1000, a common misdemeanor charge in Hillsborough County under Florida Statute § 784.03(1)(a), involves intentionally touching or striking another person against their will. While a misdemeanor with its own potential consequences, a prior conviction for BATT1000, or even aggravated or felony battery, can transform a subsequent simple battery charge into the felony offense of BATT1006. This elevation underscores the critical importance of strong legal representation from the outset of any battery allegation, as prior history can dramatically increase the stakes. If you are facing a BATT1000 charge or, more seriously, a BATT1006 Battery Second or Subsequent Offense charge in Tampa or Hillsborough County, contact the Law Office of W.F. “Casey” Ebsary Jr. immediately at (813) 222-2220 for crucial legal assistance.
Understanding BATT1006 Battery Second or Subsequent Offense in Florida
BATT1006 Battery Second or Subsequent Offense is governed by Florida Statute § 784.03(2) ( https://www.flsenate.gov/Laws/Statutes/2023/0784.03 – Please note that the specific year of the statute may vary slightly; always refer to the most current version in 2025). This statute clearly states:
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
Key aspects of this charge include:
- Prior Conviction: The prosecution must prove that you have a prior conviction for battery, aggravated battery, or felony battery. This includes situations where you pleaded guilty or no contest, or were found guilty after a trial, even if the court withheld formal adjudication of guilt.
- Second or Subsequent Battery: You are now accused of committing another battery offense. This subsequent offense, even if it might otherwise be considered a misdemeanor “touch or strike” battery (BATT1000) if it were a first offense, is elevated to a felony due to the prior conviction.
Why a BATT1006 Battery Second or Subsequent Offense Charge Carries Severe Consequences
As a third-degree felony in Florida, a conviction for BATT1006 Battery Second or Subsequent Offense carries significant potential penalties under Florida Statutes §§ 775.082, 775.083, and 775.084 ( https://www.flsenate.gov/Laws/Statutes/2023/Chapter0775/All – Please verify the most current statutory information):
| Penalty | Description | Relevant Florida Statute |
|---|---|---|
| Imprisonment | Up to 5 years in state prison. | § 775.082 |
| Fine | Up to $5,000. | § 775.083 |
| Probation | A period of lengthy and restrictive probation, which may follow a prison sentence. | § 775.083 |
| Restitution | You may be ordered to pay restitution to the alleged victim for any medical expenses or other damages. | § 775.089 |
| Criminal Record | A permanent felony conviction on your criminal record, which can have severe and lasting negative impacts on your life. | N/A |
| Loss of Rights | Potential loss of important civil rights, including the right to vote, possess firearms, and serve on a jury. | Florida Constitution |
Given these serious potential penalties, it is absolutely crucial to have experienced and aggressive legal representation if you are facing a BATT1006 Battery Second or Subsequent Offense charge in Hillsborough County. The Law Office of W.F. “Casey” Ebsary Jr. understands the complexities of these cases and is committed to providing you with the strongest possible defense. Call us NOW FOR FREE at (813) 222-2220.
Potential Defenses to BATT1006 Battery Second or Subsequent Offense Charges
While the existence of a prior battery conviction adds a significant layer of complexity, there are still potential defenses that a skilled criminal defense attorney can explore. These may include:
- Challenging the Prior Conviction: In some limited circumstances, there might be grounds to challenge the validity of the prior battery conviction.
- Lack of Proof of the Subsequent Battery: The prosecution must still prove beyond a reasonable doubt that you committed the new battery offense. Defenses applicable to any battery charge, such as self-defense, defense of others, accidental contact, lack of intent, or false allegations, may still apply to the current charge.
- Constitutional Violations: If your rights were violated during the investigation or arrest for the current charge, such as through an illegal search and seizure or a failure to properly advise you of your Miranda rights, evidence obtained in violation of your rights may be suppressed.
- Disputing the Identification: If there is a question of whether you were the person who committed the subsequent battery, this can be a crucial area of defense.
It is essential to discuss the specific details of your case with an experienced attorney to determine the most appropriate and effective defense strategy. Contact the Law Office of W.F. “Casey” Ebsary Jr. at (813) 222-2220 for a thorough evaluation of your situation.
Why Choose the Law Office of W.F. “Casey” Ebsary Jr. for Your Repeat Battery Defense?
When facing a felony charge like BATT1006 Battery Second or Subsequent Offense, you need a legal advocate who:
- Understands the Stakes: We recognize the serious consequences of a felony conviction, especially when it involves a repeat offense.
- Has Extensive Experience: W.F. “Casey” Ebsary Jr. has a long history of defending clients against battery charges, including those involving prior convictions.
- Will Fight Aggressively: We are committed to providing a vigorous defense, thoroughly investigating the facts, challenging the prosecution’s evidence, and protecting your rights.
- Provides Personalized Attention: We understand that every case is unique and will tailor our defense strategy to your specific circumstances.
- Offers a Free Consultation: We encourage you to call us NOW FOR FREE at (813) 222-2220 to discuss your case and learn how we can help.
Don’t make the mistake of facing this serious charge without experienced legal representation. Contact the Law Office of W.F. “Casey” Ebsary Jr. today.
Legal Process for a Second or Subsequent Battery Charge in Hillsborough County
The criminal justice process for a felony charge in Florida can be complex and requires careful navigation, especially when a prior conviction is involved. The typical stages include:
- Arrest and Booking: You will be processed at the Hillsborough County Jail.
- First Appearance: You will appear before a judge who will advise you of the charges, your rights, and set a bond.
- Preliminary Hearing (or Grand Jury Indictment): The prosecution must establish probable cause to proceed with felony charges.
- Arraignment: You will enter a plea to the felony charge.
- Discovery: The prosecution and defense will exchange evidence.
- Pre-Trial Motions: Your attorney may file motions to challenge evidence or raise legal defenses.
- Plea Negotiations: Your attorney will explore potential plea agreements with the prosecution.
- Trial: If no agreement is reached, your case will proceed to trial, where the prosecution must prove your guilt beyond a reasonable doubt.
- Sentencing: If convicted, the judge will impose a sentence within the felony guidelines.
Having experienced legal counsel throughout this process is critical to protecting your rights and working towards the best possible outcome. Call the Law Office of W.F. “Casey” Ebsary Jr. NOW FOR FREE at (813) 222-2220.
Contact the Law Office of W.F. “Casey” Ebsary Jr. Today for a FREE and Confidential Consultation
If you are facing a BATT1006 Battery Second or Subsequent Offense charge in Hillsborough County, Florida, your future is at serious risk. Don’t make the mistake of going it alone. Contact the Law Office of W.F. “Casey” Ebsary Jr. today for a FREE and confidential consultation at (813) 222-2220. We are here to listen to your story, understand your situation, and provide you with the aggressive and effective legal defense you need.
Our office is conveniently located in Tampa and serves clients throughout Hillsborough County. We are committed to providing you with the personalized attention and dedicated advocacy you deserve.
Learn More About Our Criminal Defense Services
Visit our website at https://www.centrallaw.com/ to learn more about our criminal defense practice and the types of cases we handle. You can also find specific information about battery cases on our dedicated page: https://www.centrallaw.com/criminal-defense/battery-cases/.
Reach Out to Us Today – It’s FREE!
For immediate assistance and to discuss your BATT1006 felony battery charge, please visit our contact page at https://www.centrallaw.com/contact-us/ or call us directly NOW FOR FREE at (813) 222-2220. We are ready to start fighting for you today.
Frequently Asked Questions About BATT1006 Battery Second or Subsequent Offense in Hillsborough County, FL
Under Florida Statute § 784.03(2) ( https://www.flsenate.gov/Laws/Statutes/2023/0784.03 ), if you have a prior conviction for battery, aggravated battery, or felony battery, any subsequent battery offense, even one that would normally be a misdemeanor, is charged as a third-degree felony.
A “prior conviction” includes any determination of guilt resulting from a plea, a trial, or even if adjudication was withheld.
As a third-degree felony, a conviction for BATT1006 Battery Second or Subsequent Offense carries penalties of up to 5 years in state prison and a $5,000 fine (Florida Statutes §§ 775.082 and 775.083 – https://www.flsenate.gov/Laws/Statutes/2023/Chapter0775/All).
Yes. While the prior conviction is a key element of the charge, you can still challenge the evidence related to the new battery offense. Defenses such as self-defense, lack of intent, or false allegations may still apply.
Yes, a felony conviction can lead to the loss of certain civil rights, including the right to vote, possess firearms, and serve on a jury.
An experienced attorney understands the complexities of repeat offender laws and can thoroughly investigate the current allegations, challenge the evidence, explore potential defenses, and negotiate with the prosecution to protect your rights and future. Call the Law Office of W.F. “Casey” Ebsary Jr. NOW FOR FREE at (813) 222-2220.
Remain silent and immediately request to speak with an attorney. Do not discuss the allegations with law enforcement without your attorney.
The fact of the prior conviction is what elevates the current charge to a felony under Florida Statute § 784.03(2). The specific details of the first offense are primarily relevant to sentencing if you are convicted of the second offense.
“Adjudication withheld” means that while you may have pleaded guilty or no contest, or been found guilty, the court did not formally enter a judgment of conviction. However, under Florida Statute § 784.03(2), even a prior case where adjudication was withheld still counts as a “conviction” for the purposes of a second or subsequent battery charge.
2010 Original Post Updated to 2025
If you were not represented the first time, DO NOT MAKE THE SAME MISTAKE.
If you have been charged with BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE you can call a Tampa Criminal Defense Lawyer NOW FOR FREE at (813) 222-2220 and tell me your story.
Form Code: BATT1006
Florida Statute: 784.03.2
Level: Level: Fel (Felony)
Degree: 3rd
Description: BATTERY SECOND OR SUBSEQUENT OFFENSE
BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.03 Battery; felony battery.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.