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BATT1000 Battery (Touch or Strike)
Facing a BATT1000 Battery (Touch or Strike) Charge in Hillsborough County, Florida? You Need Experienced Legal Help Now. 2025 Update
If you or someone you know has been arrested and charged with BATT1000 Battery (Touch or Strike) in Hillsborough County, Florida, it is crucial to understand the nature of this charge and seek experienced legal representation immediately. While classified as a misdemeanor, a conviction for BATT1000 can still lead to significant penalties and have lasting consequences on your life.
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 BATT1000 Battery (Touch or Strike) charges. With years of experience navigating the complexities of the Florida legal system, W.F. “Casey” Ebsary Jr. understands the nuances of Florida Statute § 784.03, the law governing battery offenses, and is committed to fighting tirelessly to protect your rights and your future. If you’ve been arrested under form code BATT1000, don’t delay – call us today at (813) 222-2220 for a confidential consultation.
Understanding the Misdemeanor Battery Charge (BATT1000) in Florida
We begin by accurately describing the basics of BATT1000 Battery (Touch or Strike). This charge, as defined under Florida Statute § 784.03(1)(a) ( 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), occurs when a person:
- Actually and intentionally touches or strikes another person against the will of the other; or
- Intentionally causes bodily harm to another person.
In Hillsborough County, as our review of top criminal charges leading to arrest indicates, battery offenses, including BATT1000, are unfortunately prevalent. While a misdemeanor, it is essential to recognize that a conviction can still result in significant penalties and a criminal record. If the alleged battery involves a domestic relationship, the charge can be designated as Domestic Violence Battery, which carries its own set of enhanced legal and social ramifications. Moreover, a conviction for BATT1000 can serve as a prior offense, potentially leading to felony charges for any subsequent battery allegations under Florida Statute § 784.03(2).
Why a BATT1000 Battery Charge Requires Experienced Legal Counsel
Even though BATT1000 Battery (Touch or Strike) is a misdemeanor, it is crucial to take the charges seriously and seek experienced legal representation for several reasons:
- Potential Jail Time: A first-degree misdemeanor in Florida is punishable by up to one year in county jail, as outlined in Florida Statute § 775.082.
- Significant Fines: You could face fines of up to $1,000, as specified in Florida Statute § 775.083.
- Probation: The court may impose a period of probation with various conditions, such as reporting requirements, community service, and restrictions on your activities.
- Criminal Record: A conviction will result in a criminal record that can impact your future opportunities for employment, housing, and education.
- Domestic Violence Implications: If the charge is related to domestic violence, it can lead to no-contact orders, mandatory intervention programs, and negative consequences in family court proceedings.
- Risk of Felony Escalation: As previously mentioned, a conviction for BATT1000 can elevate future battery charges to a felony.
At the Law Office of W.F. “Casey” Ebsary Jr., we understand the serious implications of a BATT1000 charge. We will thoroughly investigate the allegations against you, analyze the evidence, identify potential legal defenses, and work diligently to achieve the best possible outcome in your case, whether that involves negotiating for reduced charges, seeking a dismissal, or vigorously defending you at trial.
Understanding Florida Statute § 784.03: The Legal Basis for BATT1000 Charges
To effectively defend against a BATT1000 Battery (Touch or Strike) charge, it’s essential to understand the specific legal requirements outlined in Florida Statute § 784.03 ( 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). As mentioned earlier, this statute defines the offense as either:
- Actually and intentionally touching or striking another person against their will. This means the contact must be volitional and without the other person’s consent. Even seemingly minor physical contact can form the basis of a BATT1000 charge if it meets these criteria.
- Intentionally causing bodily harm to another person. This prong of the statute focuses on the result of the action – bodily harm – and requires proof that the harm was intentionally caused.
For a BATT1000 conviction, the prosecution must prove beyond a reasonable doubt that you acted intentionally and that the touching or striking was against the alleged victim’s will, or that you intentionally caused them bodily harm.
The Significance of Domestic Violence in BATT1000 Cases
When a BATT1000 offense occurs between family or household members (as defined under Florida Statute § 741.28 – https://www.flsenate.gov/Laws/Statutes/2023/0741.28 – Always refer to the most current version), it can be designated as Domestic Violence (DV) Battery. This designation carries significant implications:
- Mandatory Arrests: As noted in your initial information, Florida law often mandates arrests in domestic violence situations, even if the alleged victim does not want the accused to be arrested.
- No-Contact Orders: The court will likely issue a no-contact order at the first appearance hearing, preventing you from communicating with or being near the alleged victim. Violating a no-contact order is a separate and serious criminal offense under Florida Statute § 741.31 ( https://www.flsenate.gov/Laws/Statutes/2023/0741.31 – Verify the current statute).
- Mandatory Batterer Intervention Programs: If convicted of or even placed on probation for domestic violence battery, you will likely be required to complete a lengthy and often costly batterer intervention program.
- Restrictions on Firearm Possession: A conviction for misdemeanor domestic violence battery can have significant consequences regarding your right to possess firearms under federal and state law.
- Impact on Family Law Cases: A domestic violence battery charge or conviction can have a significant negative impact on child custody and visitation proceedings in family court.
If you are facing a BATT1000 charge with a domestic violence designation in Hillsborough County, it is absolutely essential to have legal representation that understands the specific laws, procedures, and potential consequences associated with these cases.
Potential Defenses to BATT1000 Battery (Touch or Strike) Charges
A skilled Tampa criminal defense attorney at the Law Office of W.F. “Casey” Ebsary Jr. will thoroughly examine the details of your case and explore all available legal defenses. Some common defenses in BATT1000 cases include:
- Self-Defense: You have the right to use reasonable force to protect yourself if you reasonably believe you are in imminent danger of unlawful harm.
- Defense of Others: You can use necessary force to protect another person from harm.
- Accidental Contact: If the physical contact was unintentional and not the result of recklessness, it may not constitute battery.
- Lack of Intent: The prosecution must prove that you acted intentionally. If the touching or striking was accidental or negligent, this element of the crime may not be met.
- Consent: If the alleged victim consented to the physical contact, it may not be considered battery. This can be a complex defense and depends heavily on the specific facts of the case.
- False Allegations: Unfortunately, false accusations of battery can occur. A thorough investigation can uncover inconsistencies and evidence to support your innocence.
- Constitutional Violations: If your rights were violated during the arrest or investigation (e.g., illegal search and seizure, failure to provide Miranda warnings when required), evidence obtained may be challenged and potentially suppressed.
Why Choose the Law Office of W.F. “Casey” Ebsary Jr. for Your BATT1000 Defense?
When facing a BATT1000 Battery (Touch or Strike) charge in Hillsborough County, you need a legal advocate who is:
- Experienced: W.F. “Casey” Ebsary Jr. has a long-standing record of successfully defending clients against various criminal charges, including misdemeanor battery.
- Knowledgeable: We possess a comprehensive understanding of Florida criminal law, specifically Florida Statute § 784.03, and the procedures of the Hillsborough County courts.
- Aggressive: We are committed to thoroughly investigating your case, challenging the prosecution’s evidence, and fighting vigorously to protect your rights and achieve the best possible outcome.
- Compassionate: We understand the stress and anxiety that come with facing criminal charges and will provide you with personalized attention, clear communication, and unwavering support throughout the legal process.
- Accessible: You can easily reach us at (813) 222-2220 to schedule a confidential consultation.
Understanding the Penalties for BATT1000 Battery in Florida
A conviction for BATT1000 Battery (Touch or Strike), a first-degree misdemeanor in Florida, carries the following potential penalties, as outlined in Florida Statutes §§ 775.082 and 775.083 ( https://www.flsenate.gov/Laws/Statutes/2023/Chapter0775/All -:
| Penalty | Description | Relevant Florida Statute |
|---|---|---|
| Imprisonment | Up to 1 year in county jail. | § 775.082 |
| Fine | Up to $1,000. | § 775.083 |
| Probation | A period of probation, which can include conditions such as reporting, community service, counseling, and restrictions. | § 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 misdemeanor conviction on your criminal record. | N/A |
Additional Consequences in Domestic Violence BATT1000 Cases:
If your BATT1000 charge is designated as domestic violence, you may also face:
- Mandatory Batterer Intervention Programs: Completion of a certified batterer intervention program is often required.
- No-Contact Orders: Strict orders preventing communication with the alleged victim.
- Limitations on Firearm Possession: Federal and state laws may restrict your right to possess firearms.
Legal Process for a BATT1000 Charge in Hillsborough County
Facing a BATT1000 Battery (Touch or Strike) charge can be overwhelming. Understanding the basic steps of the criminal justice process in Hillsborough County can provide clarity:
- Arrest and Booking: Following your arrest, you will be processed at the Hillsborough County Jail.
- First Appearance Hearing: You will appear before a judge, who will inform you of the charges, your rights, and set a bond. In domestic violence cases, a no-contact order will likely be issued.
- Arraignment: You will enter a plea to the charge.
- Discovery: The prosecution and defense will exchange information and evidence.
- Pre-Trial Negotiations: Your attorney will negotiate with the prosecutor to explore potential resolutions, such as reduced charges or dismissal.
- Pre-Trial Motions: Your attorney may file motions to challenge evidence or raise legal defenses.
- Trial: If no agreement is reached, your case may 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 legal guidelines.
The Importance of Early Legal Intervention for a Battery Charge
Contacting a criminal defense attorney as soon as possible after an arrest for BATT1000 is crucial. Early intervention allows your attorney to:
- Advise you on your rights and ensure they are protected.
- Conduct an independent investigation while evidence is fresh.
- Potentially negotiate with law enforcement or prosecutors before formal charges are filed.
- Begin building a strong defense strategy tailored to your specific circumstances.
Contact the Law Office of W.F. “Casey” Ebsary Jr. Today for a Confidential Consultation
Call Us at 813-222-2220
If you have been arrested and charged with BATT1000 Battery (Touch or Strike), especially if it involves domestic violence, in Hillsborough County, Florida, do not delay in seeking legal representation. Contact the Law Office of W.F. “Casey” Ebsary Jr. today at (813) 222-2220 to schedule a confidential consultation. We are dedicated to providing you with the experienced and effective legal defense you need.
Our office is conveniently located in Tampa and serves clients throughout Hillsborough County. We are committed to understanding your situation and fighting to protect your rights and your future.
Learn More About Our Criminal Defense Services
Visit our website at https://www.centrallaw.com/ to learn more about our criminal defense practice areas and how we can assist you. You can also find specific information about battery cases on our dedicated page: .
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For immediate assistance and to discuss your BATT1000 battery charge, please visit our contact page at or call us directly at (813) 222-2220. Your initial consultation is confidential, and we are ready to begin working on your defense today.
Frequently Asked Questions About Battery (Touch or Strike) in Hillsborough County, FL
FAQ on Battery Charges
It involves any intentional physical contact against the will of the other person. This can range from a push or shove to more direct forms of physical contact. (Florida Statute § 784.03(1)(a)1. – https://www.flsenate.gov/Laws/Statutes/2023/0784.03)
Yes. The statute includes “actually and intentionally touches or strikes,” so bodily harm is not a necessary element for a BATT1000 charge under that specific provision. However, intentionally causing bodily harm is another way to commit battery under the same statute. (Florida Statute § 784.03(1)(a) – https://www.flsenate.gov/Laws/Statutes/2023/0784.03)
BATT1000 is typically a misdemeanor involving unwanted touching or minor bodily harm. Aggravated battery, under Florida Statute § 784.045 (https://www.flsenate.gov/Laws/Statutes/2023/0784.045), involves intentionally causing great bodily harm, permanent disability, or permanent disfigurement, or using a deadly weapon.
While self-defense is a valid legal defense, you can still be arrested and charged. It will be up to your attorney to present evidence and argue that your actions were justified under the law. Florida law outlines specific criteria for self-defense (Florida Statute § 776.012 – https://www.flsenate.gov/Laws/Statutes/2023/0776.012).
A conviction for BATT1000 Battery (Touch or Strike), a first-degree misdemeanor in Florida, can result in up to one year in county jail, fines up to $1,000, probation, and a criminal record. (Florida Statutes §§ 775.082 and 775.083 – https://www.flsenate.gov/Laws/Statutes/2023/Chapter0775/All).
If your BATT1000 charge is designated as domestic violence battery, you will likely face mandatory arrest, a no-contact order, and potentially be required to attend batterer intervention programs. A conviction can also have significant consequences in family law cases and regarding firearm possession. (Florida Statute § 741.28 – https://www.flsenate.gov/Laws/Statutes/2023/0741.28 and Florida Statute § 741.31 – https://www.flsenate.gov/Laws/Statutes/2023/0741.31).
Yes. 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 a misdemeanor like BATT1000, can be charged as a felony of the third degree.
The most important thing is to remain silent and immediately request to speak with an attorney. Do not answer any questions from law enforcement without your attorney present. Contact the Law Office of W.F. “Casey” Ebsary Jr. at (813) 222-2220 as soon as possible.
A skilled attorney can investigate the allegations, gather evidence, advise you of your rights, represent you in court hearings, negotiate with the prosecution for reduced charges or dismissal, and build a strong defense to protect your future.
While our website provides general information (https://www.centrallaw.com/ and https://www.centrallaw.com/criminal-defense/battery-cases/), the best way to understand the specific process for your case is to consult directly with an experienced Tampa criminal defense attorney at the Law Office of W.F. “Casey” Ebsary Jr. Call us at (813) 222-2220 for a confidential discussion.
2025 Update
Original February 2015 Content Begins Here
“Actually and intentionally touches or another person against the will of the other”
Battery Misdemeanor
Battery is Number 14 on our list of criminal charges that are used to justify an arrest in Tampa’s Hillsborough County, Florida. We reviewed the top criminal charges included in the Hillsborough County Jail records. We narrowed the list down to the top 50 ways to end up in jail and have shared them here.
If the charge involves domestic relationships, then you can be charged with Domestic Violence Battery. That is the 6th most popular way to get arrested on the west coast of Florida.
If you have been charged with BATT1000 BATTERY (TOUCH OR STRIKE) you can call a Tampa Criminal Defense Attorney at (813) 222-2220 to Fight for You.
Form Code: BATT1000
Florida Statute: 784.03.1AB
Level: Misd (Misdemeanor)
Degree: 1st
Description: BATTERY (TOUCH OR STRIKE)
BATT1000 BATTERY (TOUCH OR STRIKE) one of the most commonly charged offenses in Hillsborough County, Florida.
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE
“conviction means a determination of guilt . . . regardless of whether adjudication is withheld”
784.03 Battery; felony battery.
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
“second or subsequent battery commits a felony of the third degree”
(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.