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BATT1007 Battery (Second or Subsequent Offense) DV
What is BATT1007? Felony Battery (Second or Subsequent Offense) DV
If you have been charged with BATT1007 – Battery (Second or Subsequent Offense) Domestic Violence in Hillsborough County, Florida, you are facing serious felony charges. Under Florida Statute 784.03(2), BATT1007 is a third-degree felony punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.
The statute defines this offense as occurring when a person “intentionally touches or strikes another person against the will of the other” or “intentionally causes bodily harm” and has one prior conviction for battery, aggravated battery, or felony battery. Even if the prior conviction resulted in withheld adjudication or a plea of nolo contendere, it counts toward this enhancement.
For Hillsborough County residents, domestic violence cases are aggressively prosecuted. A second or subsequent battery charge is not just another misdemeanor but a felony with severe, lifelong consequences.
Why You Need an Experienced Battery Defense Attorney in Tampa
Being charged with BATT1007 requires immediate legal help. W.F. “Casey” Ebsary Jr. is a Board-Certified Criminal Trial Lawyer experienced in defending domestic violence cases in Tampa. Call today for a free consultation: (813) 222-2220 or Contact us here.
Understanding the Gravity of BATT1007
Florida Statute 784.03 defines battery as intentionally touching or striking another person against their will, or intentionally causing bodily harm. When this act is repeated, particularly in a domestic setting, it escalates to a third-degree felony, designated as BATT1007. The state takes repeat offenses, especially those involving domestic violence, very seriously.
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) or subsection (3), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(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.
Florida Statute 784.03.2 specifically addresses battery offenses with prior convictions, emphasizing Florida’s commitment to protecting individuals from repeat offenders. The severity of BATT1007 is highlighted by its felony classification, which carries substantial penalties, including imprisonment, fines, and a criminal record that can significantly impact your future.
For detailed information, refer to the official Florida Legislature website: Florida Statute 784.03.
“intentionally touches or strikes another person against the will of the other . . . person who has one prior conviction for battery”
Felony Battery Domestic Violence
If you have been charged with BATT1007 BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV you can call a Battery Defense Attorney in Tampa for FREE at (813) 222-2220.
Form Code: BATT1007
Florida Statute: 784.03.2
Level: Level: Fel (Felony)
Degree: 3rd
Description: BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV
BATT1007 BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE
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.
(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.