Fighting for You, a Friend, or a Loved One
slide 1 to 3 of 3
Battery Cases
Tampa Bay’s Trusted Criminal Trial Lawyer for Battery Cases
Facing a Battery Charge in Tampa?
Are you facing a battery charge in Tampa’s Hillsborough County, Florida? We understand that this can be a stressful and challenging time for you. We’re here to provide you with the legal support and representation you need. Battery charges are serious, and we want to help you navigate through this difficult situation. Our board-certified criminal trial lawyers specialize in defending individuals like you.
Don’t wait—contact us today for a free consultation and take the first step towards protecting your rights. Call (813) 222-2220 now!
Understanding Battery Charges
Battery is a common criminal charge in Hillsborough County, Florida. It’s crucial to be aware of the different forms it can take:
- BATT1000 BATTERY (TOUCH OR STRIKE)
- BATT1001 BATTERY (VICTIM OVER 65)
- BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE
- BATT1010 BATTERY ON A LAW ENFORCEMENT OFFICER
Each charge carries its unique implications and consequences, and it’s essential to have a dedicated attorney by your side to guide you through the legal process.
Busted for Battery in Tampa? Your Questions Answered
What is the core difference between simple battery, felony battery, and aggravated battery in Florida, and how do the “BATT” codes relate to these distinctions?
The key differences relate to the harm caused and the circumstances. Simple battery (e.g., BATT1000) is a misdemeanor involving intentional, unwanted touching or minor bodily harm. Felony battery (e.g., BATT7015) requires the same intentional act, but causes great bodily harm, permanent disability, or disfigurement. Aggravated battery (e.g., BATT5000, BATT5050) is the most serious, involving either the use of a deadly weapon or intentionally/knowingly causing great bodily harm, permanent disability, or disfigurement during the battery. The “BATT” codes are Hillsborough County’s internal codes to identify and track these specific battery charges, linking them to the relevant Florida Statutes.
What are some common factors that can elevate a battery charge to a more serious offense in Florida, and what are the corresponding BATT codes?
Several factors can upgrade a battery charge. Prior battery convictions (BATT1006, BATT1007) automatically make a subsequent battery a felony. If the victim is over 65 (BATT1001), the charge is a felony. Domestic violence battery (BATT1002, BATT1007) carries extra penalties, with a second offense being a felony. Battery on a law enforcement officer (BATT1010) is automatically a felony. Using a deadly weapon (BATT5000) makes it a second-degree felony, as does causing great bodily harm, permanent disability or permanent disfigurement. (BATT5050)
What are some common defenses that might be used against battery charges in Florida, regardless of the specific BATT code?
Common defenses include self-defense (using reasonable force to protect oneself or others), lack of intent (arguing the contact was accidental), consent (claiming the alleged victim agreed to the contact, though this is limited), challenging the severity of injuries (arguing they don’t meet the legal threshold for felony or aggravated battery), and mistaken identity. For Battery on a LEO, arguing the officer was not engaged in lawful duties is a potential defense. Consulting with an attorney is crucial to determine the best defense strategy.
Battery Statute: Florida Statute 784.03.1AB
Battery charges are typically classified as misdemeanors (first-degree) or felonies (third-degree), depending on the specific circumstances. A conviction for battery can lead to serious penalties, including imprisonment and fines. It’s important to note that a second or subsequent battery offense is considered a felony of the third degree.
Domestic Violence Battery
If your battery charge involves domestic relationships, you may be charged with Domestic Violence Battery, a common occurrence on the west coast of Florida. This charge has significant consequences, and it’s vital to address it with the help of a knowledgeable legal expert.
Why Choose Us?
Choosing the right attorney can make a world of difference in the outcome of your case. We offer you:
Experience
Our team of board-certified criminal trial lawyers has a proven track record in handling battery cases. We understand the complexities of Florida’s legal system and are equipped to provide you with top-notch legal representation.
Dedication
We are committed to providing you with the best legal representation and ensuring your rights are protected throughout the legal process. Our dedication to our clients is unwavering.
Reach out to our experienced team today for a free consultation. Call (813) 222-2220 and let us start building your defense immediately.
Empathy
We understand the stress and anxiety you’re facing. We’re here to listen to your story, answer your questions, and provide the support and guidance you need during this challenging time.
Personalized Approach
Every case is unique, and we tailor our legal strategies to your specific situation. We work closely with you to build a strong defense that fits your needs.
Contact Us Today
If you’ve been charged with any form of battery, don’t hesitate to reach out to us for a free consultation. We are here to listen to your story, assess your case, and provide you with the legal support you need. Time is of the essence in legal matters, so call us now at (813) 222-2220 for misdemeanor or felony cases. Let us help you protect your rights and fight for your future.
The Importance of Immediate Legal Representation
Immediate legal representation is crucial when facing battery charges. The sooner you get in touch with us, the better we can assist you in navigating the legal system and building a robust defense.
Understanding the Legal Process
Initial Consultation
During your initial consultation, we will discuss the specifics of your case, review any available evidence, and outline your legal options. This consultation is free of charge and is the first step towards crafting a strategic defense.
Case Investigation
We conduct a thorough investigation of your case, gathering evidence, interviewing witnesses, and working with experts when necessary. Our goal is to uncover all relevant facts that can support your defense.
Defense Strategy
Based on our investigation, we develop a tailored defense strategy aimed at achieving the best possible outcome for your case. This may involve negotiating plea deals, filing motions to dismiss, or preparing for trial.
Common Defenses in Battery Cases
There are several potential defenses in battery cases, and our experienced lawyers will explore every avenue to protect your rights:
- Self-Defense: Arguing that you acted to protect yourself from harm.
- Defense of Others: Demonstrating that you were protecting another person.
- Lack of Intent: Proving that the contact was accidental or unintentional.
- False Accusations: Highlighting inconsistencies in the accuser’s story to show that the charges are unfounded.
Navigating the Court System
Navigating the court system can be daunting, but with our experienced team by your side, you will have the guidance and support you need every step of the way. We will represent you at all court appearances, ensuring that your rights are protected and that you have a strong advocate in your corner.
The Consequences of a Battery Conviction
A conviction for battery can have long-lasting effects on your life, including:
- Criminal Record: A permanent mark on your criminal record can impact employment opportunities and personal relationships.
- Fines and Restitution: You may be required to pay significant fines and restitution to the victim.
- Imprisonment: Depending on the severity of the charge, you could face jail or prison time.
- Probation: Even if you avoid jail time, probation can impose strict conditions on your freedom.
Mitigating the Impact of a Conviction
Our goal is to mitigate the impact of a battery conviction. We will work tirelessly to reduce charges, seek alternative sentencing options, and minimize the penalties you face. Our commitment is to help you move forward with your life in the best possible position.
Final Thoughts
Facing a battery charge can be overwhelming, but you don’t have to go through it alone. Our experienced team is here to provide the legal representation and support you need. We are committed to protecting your rights and fighting for your future.
Don’t make the same mistake twice. Trust in our experience and dedication to advocate for you. Contact us now at (813) 222-2220 for a free consultation and let us help you navigate this challenging time.
Remember
If you were not represented the first time, don’t make the same mistake twice. Trust in our experience and dedication to advocate for you. Call (813) 222-2220 today and let us help you secure the best possible outcome for your case.
By incorporating headings and subheadings, we have structured the information to be more readable and accessible. The calls to action are strategically placed to encourage immediate contact, emphasizing the urgency and importance of legal representation.
Understanding Battery Charges
Battery is a common criminal charge in Hillsborough County, Florida, and it’s crucial to be aware of the different forms it can take. Whether you’ve been charged with BATT1000 BATTERY (TOUCH OR STRIKE), BATT1001 BATTERY (VICTIM OVER 65), BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE, or BATT1010 BATTERY ON A LAW ENFORCEMENT OFFICER, our experienced team is here to help. Each charge carries its own unique implications and consequences, and it’s essential to have a dedicated attorney by your side to guide you through the legal process.
Battery Statute: Florida Statute 784.03.1AB
Battery charges are typically classified as misdemeanors (first-degree) or felonies (third-degree), depending on the specific circumstances. A conviction for battery can lead to serious penalties, including imprisonment and fines. It’s important to note that a second or subsequent battery offense is considered a felony of the third degree.
Domestic Violence Battery
If your battery charge involves domestic relationships, you may be charged with Domestic Violence Battery, which is a common occurrence in the west coast of Florida. This charge has significant consequences, and it’s vital to address it with the help of a knowledgeable legal expert.
Why Choose Us?
Choosing the right attorney can make a world of difference in the outcome of your case. We offer you:
Experience: Our team of board-certified criminal trial lawyers has a proven track record in handling battery cases, and we understand the complexities of Florida’s legal system.
Dedication: We are committed to providing you with the best legal representation and ensuring your rights are protected throughout the legal process.
Empathy: We understand the stress and anxiety you’re facing. We’re here to listen to your story, answer your questions, and provide the support and guidance you need during this challenging time.
Personalized Approach: Every case is unique, and we tailor our legal strategies to your specific situation. We work closely with you to build a strong defense that fits your needs.
Contact Us Today
If you’ve been charged with any form of battery, don’t hesitate to reach out to us for a free consultation. We are here to listen to your story, assess your case, and provide you with the legal support you need. Time is of the essence in legal matters, so call us now at (813) 222-2220 for misdemeanor cases or felony cases. Let us help you protect your rights and fight for your future.
Remember, if you were not represented the first time, don’t make the same mistake twice. Trust in our experience and dedication to advocate for you.
Frequently Charged Battery Crimes
Facing Battery Charges in Tampa? Know Your Rights & Defenses
Understanding Florida’s Battery Laws: From Misdemeanors to Felonies – BATT Charges Explained
This series provides critical information for anyone facing battery charges (BATT codes) in Hillsborough County, Florida. We’ve covered a range of offenses, from simple misdemeanor battery (BATT1000) to aggravated felonies involving deadly weapons (BATT5000), victims over 65 (BATT1001), and prior convictions (BATT1006). We’ve also addressed the specific implications of domestic violence battery charges (BATT1002, BATT1007) and battery on a law enforcement officer (BATT1010), and Felony Battery (BATT7015).
We break down the relevant Florida Statutes, explain the elements the prosecution must prove, outline potential penalties, and explore possible defenses. Crucially, we will emphasize that intent and lack of consent are central to most battery charges, and that even seemingly minor contact can lead to serious consequences under Florida law. Understanding these nuances is the first step to building a strong defense. Contact Casey the Lawyer at 813-222-2220.
BATT1000 BATTERY (TOUCH OR STRIKE)
Understanding Battery Charges in Tampa, Florida: “Actually and Intentionally Touches…”
If you’ve been arrested in Tampa’s Hillsborough County and are facing a charge of BATT1000 BATTERY (TOUCH OR STRIKE), it’s crucial to understand exactly what the law says. The core of a battery charge in Florida, as defined in Florida Statute 784.03, hinges on the phrase: “Actually and intentionally touches or strikes another person against the will of the other.” Let’s break that down.
“Actually and Intentionally”: The Intent Behind the Touch
This part of the statute is critical. It means the contact wasn’t accidental. A brush in a crowded hallway, a stumble that causes you to bump into someone – these are not typically considered battery. The prosecution must prove that you intended to make contact with the other person. This doesn’t necessarily mean you intended to harm them, just that the touch or strike itself was deliberate.
For example, if you’re arguing with someone and you angrily poke them in the chest, that poke is likely to be considered intentional. Even though you might not have intended to cause any serious injury, the act of poking was deliberate and unwanted.
“Touches or Strikes”: Defining the Contact
The law uses both “touches” and “strikes” to cover a wide range of physical contact. A “strike” is generally understood as a more forceful blow, like a punch or a slap. A “touch,” however, can be much less forceful. As the poking example above illustrates, even a relatively light touch can be considered battery if it’s done intentionally and against someone’s will.
“Against the Will of the Other”: The Importance of Consent
This is where the concept of consent comes into play. The contact must be unwanted. If someone agrees to a physical interaction (for example, in a contact sport, or a consensual physical relationship), it’s not battery. However, if that consent is withdrawn, any further touching can become battery.
It’s also important to note that “against the will” doesn’t necessarily require the victim to shout “no” or physically resist. A lack of affirmative consent, in the context of an intentional touch, can be enough to meet this requirement. The prosecution will often rely on witness testimony, the circumstances surrounding the incident, and any available evidence (like video recordings) to prove the contact was non-consensual.
Domestic Violence Battery: A Related Charge
It’s important to note that if the alleged battery occurs within a domestic relationship, the charges can be elevated to Domestic Violence Battery. This is a serious offense with potentially harsher penalties. Domestic relationships, in Florida law, encompass a wide range of connections, including spouses, former spouses, people related by blood or marriage, people who are presently residing together as if a family or who have resided together in the past as if a family, and people who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
BATT1001 BATTERY (VICTIM OVER 65)
Facing Battery Charges Involving a Victim Over 65 in Tampa? Understanding Florida Statute 784.08
In Florida, battery charges are taken very seriously, and the penalties can be significantly enhanced when the alleged victim is 65 years of age or older. If you’ve been arrested in Hillsborough County and charged with BATT1001 BATTERY (VICTIM OVER 65), you need to understand the specific legal implications of this charge. This landing page section will walk your through this, and explain how Casey the Lawyer, 813-222-2220 can help.
What is BATT1001 BATTERY (VICTIM OVER 65)?
This charge, stemming from Florida Statute 784.08, elevates a standard battery charge to a more serious offense due to the victim’s age. The underlying act is still defined as battery, meaning the prosecution must prove that you:
- Actually and intentionally touched or struck another person against their will; or
- Intentionally caused bodily harm to another person.
The key difference with BATT1001 is that the alleged victim’s age of 65 or older automatically increases the severity of the charge.
The Importance of “Actually and Intentionally” and “Against the Will”
As with any battery charge, the prosecution must prove intent. Accidental contact, even if it results in some harm, is not typically considered battery. The touching or striking must be a deliberate act. Furthermore, it must be against the will of the other person. This means the contact was unwanted and non-consensual. Consent, or the lack thereof, is a crucial element in any battery case.
Why Does Florida Law Treat Battery Against Seniors More Severely?
Florida, like many states, recognizes that older adults may be more vulnerable to physical harm and may have a harder time recovering from injuries. The enhanced penalties for battery against individuals 65 and older reflect this concern and are intended to deter such crimes.
BATT1001: A Third-Degree Felony
Unlike a standard battery charge (BATT1000), which is typically a first-degree misdemeanor, BATT1001 BATTERY (VICTIM OVER 65) is a third-degree felony in Florida. This is a significant escalation in the seriousness of the charge.
Penalties for BATT1001
A third-degree felony conviction in Florida carries potentially severe penalties, including:
- Up to 5 years in prison: This is a substantial prison sentence, far exceeding the maximum one-year jail sentence for a misdemeanor battery.
- Up to $5,000 in fines: The financial burden of a felony conviction can be significant.
- A permanent criminal record: A felony conviction can have long-lasting consequences, affecting your ability to find employment, housing, and even vote.
- Probation.
Possible Defenses
Even with the enhanced penalties, there are still potential defenses against a BATT1001 charge. These might include:
- Lack of Intent: Demonstrating that the contact was accidental and not intentional.
- Consent: Showing that the alleged victim consented to the physical contact.
- Self-Defense: Arguing that you acted in self-defense or in defense of others.
- Mistaken Identity: In some cases, the wrong person may be accused.
- Incorrect Age: The victim may not actually be over 65.
Casey the Lawyer: Your Experienced Tampa Criminal Defense Attorney
Facing a felony battery charge is a serious matter. At Casey the Lawyer, we have extensive experience defending clients against all types of battery charges in Hillsborough County. We understand the complexities of Florida Statute 784.08 and the specific challenges presented by cases involving older victims.
We will thoroughly investigate the circumstances of your arrest, examine the evidence, and build a strong defense strategy tailored to your specific situation. We will fight aggressively to protect your rights and achieve the best possible outcome.
Don’t face these charges alone. Call Casey the Lawyer today at 813-222-2220 for a FREE consultation. We’re here to listen to your story and provide the expert legal guidance you need.
BATT1002 BATTERY (DOMESTIC VIOLENCE)
Facing Domestic Violence Battery Charges in Tampa? Understanding BATT1002 and Florida Law
Domestic violence battery charges in Florida carry significant legal and personal consequences. If you’ve been arrested in Hillsborough County and charged with BATT1002 BATTERY (DOMESTIC VIOLENCE), you’re facing a first-degree misdemeanor charge, but with added complexities due to the domestic nature of the allegation. The phrase, “Actually and intentionally touches or strikes another person against the will of the other; or Intentionally causes bodily harm to another person,” defines the core of the battery charge, but the “domestic violence” designation changes the legal landscape. This section explains the charge and how a Tampa Domestic Violence Defense Lawyer can help. This Domestic Violence charge is one of the top 10 ways to get arrested in our area.
What is BATT1002 Domestic Violence Battery?
This charge combines two key elements: a battery allegation and a qualifying domestic relationship between you and the alleged victim.
- The Battery: The prosecution must prove the basic elements of battery, as defined in Florida Statute 784.03:
- “Actually and intentionally touches or strikes another person against the will of the other; or”
- “Intentionally causes bodily harm to another person.”
- The Domestic Relationship: This is what distinguishes BATT1002 from simple misdemeanor battery. Florida law defines “domestic violence” broadly, encompassing acts against family or household members. This includes:
- Spouses
- Former spouses
- People related by blood or marriage
- People who are presently residing together as if a family or who have resided together in the past as if a family
- Parents of a child in common, regardless of whether they have been married
Why the “Domestic Violence” Designation Matters
The domestic violence aspect of BATT1002 triggers specific consequences that go beyond those of a simple battery charge:
- No-Contact Orders: You will almost certainly be subject to a no-contact order, preventing you from contacting the alleged victim, even if they want to see you. Violating this order is a separate criminal offense.
- Firearm Restrictions: You may be prohibited from possessing firearms.
- Batterer’s Intervention Program: You may be required to complete a lengthy and often expensive batterer’s intervention program, even if you are not convicted.
- Enhanced Penalties for Future Offenses: A domestic violence battery conviction can lead to enhanced penalties for any future domestic violence allegations, even if they are relatively minor.
- Stigma: A domestic violence charge carries a significant social stigma that can impact your personal and professional life.
BATT1002: A First-Degree Misdemeanor (With Serious Consequences)
While BATT1002 is classified as a first-degree misdemeanor, the domestic violence designation makes it far more serious than a typical misdemeanor charge.
Penalties for BATT1002
- Up to one year in jail.
- Up to $1,000 fine.
- Probation
Possible Defenses
Several defenses may be available in a domestic violence battery case:
- Self-Defense: If you acted reasonably to protect yourself from imminent harm, you may have a valid self-defense claim.
- Lack of Intent: Arguing that the contact was accidental, not intentional.
- Consent: In some limited situations, consent might be a defense, although this is less common in domestic violence cases.
- Challenging the Domestic Relationship: If the relationship between you and the alleged victim does not meet the legal definition of “domestic,” the domestic violence enhancement might be challenged.
- Mistaken Identity
Casey the Lawyer: Your Tampa Domestic Violence Defense Lawyer
A BATT1002 charge requires experienced legal representation to navigate the complexities of Florida’s domestic violence laws. At Casey the Lawyer, we understand the sensitive nature of these cases and the potential long-term consequences. We will thoroughly investigate the facts, challenge the prosecution’s case, and fight to protect your rights and your future.
Don’t face these charges alone. If you have been charged with BATT1002 BATTERY (DOMESTIC VIOLENCE) you can call a Tampa Domestic Violence Defense Lawyer at (813) 222-2220.
BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE
Facing a Second (or Subsequent) Battery Charge in Tampa? Understanding BATT1006 and Florida Statute 784.03(2)
A second or subsequent battery charge in Florida is a serious matter, carrying significantly harsher penalties than a first-time offense. If you’ve been arrested in Hillsborough County and charged with BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE, you need to understand the implications of Florida Statute 784.03(2) and how it impacts your case. If you were not represented the first time, DO NOT MAKE THE SAME MISTAKE. This charge demands experienced legal representation.
What is BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE?
This charge is not simply a repeat of a first-time battery. It’s a felony offense triggered by a prior battery conviction. The underlying act is still defined as battery, meaning the prosecution must still prove that you:
- Actually and intentionally touched or struck another person against their will; or
- Intentionally caused bodily harm to another person.
The critical difference with BATT1006 is that the prior conviction automatically elevates the new charge to a third-degree felony.
The Definition of “Prior Conviction” is Crucial
Florida law is very specific about what constitutes a “prior conviction” for the purposes of enhancing a battery charge. The statute states:
“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.”
This means that even if you weren’t formally “convicted” in the traditional sense (e.g., adjudication was withheld), the prior case still counts as a prior conviction for the purposes of BATT1006. This includes:
- Guilty Pleas: Even if you received a favorable outcome like probation without a formal conviction, a guilty plea counts.
- No Contest (Nolo Contendere) Pleas: Pleading “no contest” is treated the same as a guilty plea for this purpose.
- Trial Verdicts: A guilty verdict at trial obviously qualifies as a prior conviction.
- Prior Battery, Aggravated Battery, or Felony Battery All count.
BATT1006: A Third-Degree Felony
The prior conviction transforms what might have been a misdemeanor into a third-degree felony. This is a substantial escalation in the severity of the charge, carrying far greater potential consequences.
Penalties for BATT1006
A third-degree felony conviction in Florida carries significant penalties, including:
- Up to 5 years in prison: This is a substantial prison sentence.
- Up to $5,000 in fines: The financial impact can be significant.
- A permanent felony criminal record: This can have lifelong consequences, affecting employment, housing, and other opportunities.
- Probation
Possible Defenses
Even with a prior conviction, there are still potential defenses available to challenge a BATT1006 charge. These defenses might focus on:
- The Current Allegation: Challenging the elements of the current battery allegation (lack of intent, consent, self-defense, etc.).
- Challenging the Prior Conviction: In very limited circumstances, it might be possible to challenge the validity of the prior conviction, but this is complex and requires specific legal grounds. An example would be if the prior conviction was obtained in violation of your constitutional rights.
- Mistaken Identity: Arguing that you were not the person who committed the current alleged battery.
Casey the Lawyer: Experienced Defense for Subsequent Battery Charges
A second or subsequent battery charge is a serious legal battle. You need an attorney who understands the intricacies of Florida Statute 784.03(2) and the strategies needed to defend against these enhanced charges. At Casey the Lawyer, we have a proven track record of success in defending clients facing complex criminal charges in Hillsborough County.
We will thoroughly review your prior case(s) and the current allegations, identify any weaknesses in the prosecution’s case, and build a strong defense strategy designed to protect your future.
Don’t take chances with your freedom. Call Casey the Lawyer NOW FOR FREE at 813-222-2220 and tell me your story. We’re here to provide the aggressive and experienced legal representation you need.
Facing Felony Battery Domestic Violence Charges in Tampa? Understanding BATT1007 and Florida’s Enhanced Penalties
BATT1007 BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV
In Florida, battery charges involving domestic violence are treated with extreme seriousness. When a prior battery conviction is also involved, the penalties escalate dramatically. If you’re in Hillsborough County and have been charged with BATT1007 BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV, you’re facing a third-degree felony charge. This section will explain what the phrase “intentionally touches or strikes another person against the will of the other . . . person who has one prior conviction for battery” means in the context of this charge, and how a Tampa Criminal Defense Attorney can help.
Breaking Down the Charge: BATT1007
This charge combines two critical elements: a battery allegation and a prior battery conviction, all within the context of a domestic relationship. Let’s examine each part:
- “Intentionally touches or strikes another person against the will of the other”: This is the core definition of battery under Florida Statute 784.03. It requires the prosecution to prove that you deliberately made physical contact with the alleged victim, and that this contact was unwanted. Accidental touching is not battery. The touch must be both intentional and non-consensual.
- “…person who has one prior conviction for battery”: This is the enhancement that elevates the charge to a felony. Florida Statute 784.03(2) specifies that a prior conviction for battery (or aggravated battery, or felony battery) automatically upgrades any subsequent battery charge to a third-degree felony. Crucially, “conviction” includes guilty pleas, no-contest pleas, and trial verdicts, even if adjudication was withheld.
- Domestic Violence (DV): The “DV” designation adds another layer of complexity and potential consequences. Florida law defines domestic violence broadly, encompassing acts against family or household members. This includes spouses, former spouses, people related by blood or marriage, people who live together (or have lived together) as a family, and parents of a child in common.
Why the “DV” Designation Matters
The domestic violence component of BATT1007 triggers several specific legal consequences:
- Mandatory Minimums: Florida has mandatory minimum jail sentences for certain domestic violence offenses, and these can be enhanced by a prior conviction.
- No-Contact Orders: You will likely be subject to a no-contact order, preventing you from contacting the alleged victim, even if they want to see you. Violating this order is a separate criminal offense.
- Firearm Restrictions: You may be prohibited from possessing firearms.
- Batterer’s Intervention Program: You may be required to complete a lengthy and often costly batterer’s intervention program.
BATT1007: A Third-Degree Felony
The combination of a prior battery conviction and the domestic violence designation results in a third-degree felony charge. This is a very serious offense with significant potential penalties.
Penalties for BATT1007
A conviction for a third-degree felony in Florida can lead to:
- Up to 5 years in prison: A substantial prison sentence is a real possibility.
- Up to $5,000 in fines: The financial burden can be significant.
- A permanent felony criminal record: This can have devastating and long-lasting consequences on your life, affecting employment, housing, and other opportunities.
- Probation, with strict conditions.
Possible Defenses
Despite the severity of the charges, potential defenses may exist. These could include:
- Challenging the Current Battery Allegation: Arguing lack of intent, consent, or self-defense related to the current alleged incident.
- Challenging the Prior Conviction: While difficult, in very specific circumstances, the validity of the prior conviction might be challenged.
- Challenging the Domestic Relationship: If the relationship between you and the alleged victim does not meet the legal definition of “domestic,” the DV enhancement might be challenged.
- Mistaking Identity You may have been mistakenly identified.
Casey the Lawyer: Your Tampa Felony Battery Domestic Violence Defense Attorney
Facing a BATT1007 charge requires immediate and experienced legal representation. At Casey the Lawyer, we understand the complexities of Florida’s domestic violence and battery laws. We will meticulously investigate your case, analyze the evidence, and develop a strategic defense tailored to your specific circumstances.
Don’t risk your future. Call Casey the Lawyer in Tampa for FREE at 813-222-2220. We’re here to listen to your story and provide the aggressive defense you need.
BATT1010 BATTERY ON A LAW ENFORCEMENT OFFICER (Battery on a LEO):
Facing Charges for Battery on a Law Enforcement Officer in Tampa? Understanding BATT1010 and Florida Statute 784.07
Battery on a Law Enforcement Officer (LEO) is a serious felony offense in Florida, carrying significantly enhanced penalties compared to a simple battery charge. If you’ve been arrested in Hillsborough County and charged with BATT1010 BATTERY ON A LAW ENFORCEMENT OFFICER, you’re facing a third-degree felony charge. The phrase “Actually and intentionally touches or strikes a Law Enforcement Officer” is the core of this offense, but the legal context is crucial. This section explains the charge and how a Tampa Criminal Defense Lawyer can help.
What is BATT1010 Battery on a LEO?
This charge is not simply a battery where the victim happens to be a law enforcement officer. It’s a specific offense under Florida Statute 784.07 that elevates a battery to a felony because the victim is a law enforcement officer (or other protected official) engaged in their official duties. The law aims to provide additional protection to those who serve in these roles.
The core elements the prosecution must prove are:
- A Battery Occurred: The prosecution must first prove the basic elements of battery: that you actually and intentionally touched or struck another person against their will, or intentionally caused bodily harm to another person. Accidental contact is not battery.
- The Victim Was a Law Enforcement Officer (or Other Protected Official): The law doesn’t just cover police officers. Florida Statute 784.07 also protects:
- Firefighters
- Emergency medical care providers
- Public transit employees or agents
- Other specified officials listed in the statute
- The Officer Was Engaged in the Lawful Performance of Their Duties: This is a critical element. The officer must have been acting within the scope of their legal authority at the time of the alleged battery. If the officer was acting unlawfully (e.g., using excessive force without justification), this can be a valid defense.
- You Knew or Should Have Known the Victim Was a Law Enforcement Officer: Generally the person must be in uniform, but there are some exceptions.
“Actually and Intentionally Touches or Strikes”: The Act of Battery
The same principles of intent and lack of consent that apply to simple battery apply here. The touch or strike must be deliberate and unwanted. A purely accidental bump or contact, even with a law enforcement officer, is not battery.
BATT1010: A Third-Degree Felony
Battery on a LEO is a third-degree felony in Florida, a significant increase in severity from a simple battery charge (which is typically a misdemeanor). The LEO charge is automatically a felony regardless of whether any injury occurs. Even the slightest touch, if intentional and non-consensual, can result in this felony charge.
Penalties for BATT1010
A third-degree felony conviction carries serious consequences:
- Up to 5 years in prison: A substantial prison sentence is possible.
- Up to $5,000 in fines: The financial penalties are significant.
- A permanent felony criminal record: This can have lifelong consequences, affecting your employment, housing, and other opportunities.
- Probation
Possible Defenses
Several defenses may be available in a Battery on a LEO case:
- Self-Defense: If the officer used excessive force or was acting unlawfully, you may have a valid claim of self-defense. This is a complex area of law, and the specific facts are crucial.
- Lack of Intent: Arguing that the contact was accidental, not intentional.
- The Officer Was Not Engaged in Lawful Duties: Challenging whether the officer was acting within the scope of their legal authority at the time of the alleged incident.
- Mistaken Identity: Arguing that you were not the person who committed the alleged battery.
- You did not know it was an officer: You may argue you did not know or reasonably should not have known it was a law enforcement officer.
Casey the Lawyer: Your Tampa Battery on a LEO Defense Attorney
A BATT1010 charge is a very serious matter with potentially life-altering consequences. You need an experienced attorney who understands the complexities of Florida law regarding assaults and batteries on law enforcement officers. At Casey the Lawyer, we have a proven track record of defending clients against serious felony charges in Hillsborough County.
We will thoroughly investigate the circumstances of your arrest, including reviewing police reports, body camera footage (if available), and witness statements. We will aggressively challenge the prosecution’s case and fight to protect your rights and your freedom.
Don’t face these charges alone. If you have been charged with BATT1010 BATTERY ON A LAW ENFORCEMENT OFFICER (BATT LEO, battery on a LEO) you can call a Tampa Criminal Defense Lawyer at (813) 222-2220.
Facing Aggravated Battery with a Deadly Weapon Charges in Tampa? Understanding BATT5000 and Florida Statute 784.045.1A2
BATT5000 AGGRAVATED BATTERY (DEADLY WEAPON)
Aggravated battery is a serious felony offense in Florida, and the use of a deadly weapon significantly elevates the severity of the charges. If you’ve been arrested in Hillsborough County and charged with BATT5000 AGGRAVATED BATTERY (DEADLY WEAPON), you’re facing a second-degree felony charge under Florida Statute 784.045.1A2. This section will explain the key elements of this charge and how a Tampa Criminal Defense Lawyer can help.
What Constitutes Aggravated Battery with a Deadly Weapon?
This charge builds upon the basic definition of battery, which requires:
- Actually and intentionally touching or striking another person against their will; or
- Intentionally causing bodily harm to another person.
Aggravated battery with a deadly weapon, as defined in 784.045.1A2, occurs when a person, in committing battery, uses a deadly weapon. The key phrase here is “uses a deadly weapon.”
Defining “Deadly Weapon”
Florida law defines “deadly weapon” broadly. It’s not limited to just guns and knives. A deadly weapon is any object that, in the manner it is used or threatened to be used, is likely to cause death or great bodily harm. This can include:
- Obvious Weapons: Guns, knives, brass knuckles, etc.
- Everyday Objects Used as Weapons: A car, a baseball bat, a heavy object thrown at someone, a broken bottle, even a sturdy shoe used to repeatedly kick someone in the head – these can all be considered deadly weapons depending on the circumstances.
The way the object is used is crucial. A pencil, for example, is not typically a deadly weapon. But if someone stabs another person in the eye with a pencil, intending to cause serious injury, it could be considered a deadly weapon in that specific context.
The “Use” of a Deadly Weapon
The prosecution doesn’t necessarily have to prove that you injured someone with the deadly weapon to charge you with BATT5000. The threat of using the weapon, if done in a way that creates a well-founded fear of imminent violence, can be enough. For example, pointing a gun at someone during an argument, even if you don’t fire it, can be considered aggravated battery with a deadly weapon.
BATT5000: A Second-Degree Felony
Aggravated battery with a deadly weapon is a second-degree felony in Florida. This is a very serious charge with potentially devastating consequences.
Penalties for BATT5000
A conviction for a second-degree felony can result in:
- Up to 15 years in prison: This is a substantial prison sentence, significantly longer than for simple battery or even some other types of aggravated battery.
- Up to $10,000 in fines: The financial penalties are also severe.
- A permanent felony criminal record: This can have lifelong consequences, impacting your ability to find employment, housing, obtain loans, and exercise certain rights.
- Probation
Possible Defenses
Despite the seriousness of the charge, several defenses may be available, depending on the specific facts of your case:
- Self-Defense: If you used the weapon to defend yourself or others from imminent harm, you may have a valid self-defense claim.
- Lack of Intent: Arguing that the contact was accidental or that you did not intend to use the object as a weapon.
- The Object Was Not a “Deadly Weapon”: Challenging whether the object used actually qualifies as a deadly weapon under the legal definition, based on how it was used.
- Mistaken Identity: Arguing that you were not the person who committed the alleged battery.
- No Use of Deadly Weapon: You had the item, but never used or threatened to use.
Casey the Lawyer: Your Tampa Aggravated Battery Defense Attorney
A BATT5000 charge is a serious legal challenge that requires immediate and skilled legal representation. At Casey the Lawyer, we have extensive experience defending clients against serious felony charges in Hillsborough County. We understand the nuances of Florida’s aggravated battery laws and the strategies needed to build a strong defense.
We will thoroughly investigate the circumstances of your arrest, examine the evidence, and fight aggressively to protect your rights and your future.
Don’t face these charges alone. Call Casey the Lawyer at (813) 222-2220 for a FREE consultation. We’re here to provide the experienced and dedicated legal representation you need.
BATT5050 AGGRAVATED BATTERY GREAT BODILY HARM
Facing Aggravated Battery Charges in Tampa? Understanding BATT5050: Great Bodily Harm
Aggravated battery is a serious felony offense in Florida, distinguished from simple battery by the severity of the harm inflicted or the use of a deadly weapon. If you’ve been arrested in Hillsborough County and charged with BATT5050 AGGRAVATED BATTERY GREAT BODILY HARM, you’re facing a second-degree felony charge under Florida Statute 784.045.1A1. This section clarifies the key elements of this specific charge and explains how a Tampa Criminal Defense Lawyer can assist you.
What is BATT5050 Aggravated Battery Great Bodily Harm?
This charge requires the prosecution to prove two main components beyond a reasonable doubt:
- A Battery Occurred: This means the prosecution must first establish the elements of a basic battery: that you actually and intentionally touched or struck another person against their will, or intentionally caused bodily harm to another person. 1 Accidental contact is not battery. 1. casetext.com casetext.com
- Great Bodily Harm, Permanent Disability, or Permanent Disfigurement Resulted: This is the element that elevates the charge from simple battery (or even felony battery) to aggravated battery. The prosecution must prove that your actions, in committing the battery, intentionally or knowingly caused one of the following:
- Great Bodily Harm: This is a significant injury, more than just minor cuts or bruises. It generally involves injuries that create a substantial risk of death, serious and protracted disfigurement, or protracted loss or impairment of the function of a bodily member or organ. Examples might include broken bones, severe lacerations requiring extensive medical treatment, or injuries causing a significant and lasting impairment.
- Permanent Disability: A lasting impairment of a physical function.
- Permanent Disfigurement: A lasting and significant change in a person’s appearance.
The Importance of “Intentionally or Knowingly”
Notice that the statute requires the prosecution to prove you acted “intentionally or knowingly” in causing the great bodily harm, permanent disability, or permanent disfigurement. This is a higher standard than just proving the battery itself was intentional. It means the prosecution must show you either:
- Intentionally Caused the Harm: You specifically intended to cause the serious injury.
- Knowingly Caused the Harm: You were aware that your actions were practically certain to cause the serious injury, even if you didn’t specifically desire that outcome.
This “intentionally or knowingly” element adds another layer of complexity to the prosecution’s case, and it’s often a key area of defense.
BATT5050: A Second-Degree Felony
Aggravated battery causing great bodily harm, permanent disability, or permanent disfigurement is a second-degree felony in Florida, a more serious charge than felony battery (BATT7015).
Penalties for BATT5050
A second-degree felony conviction carries substantial penalties:
- Up to 15 years in prison: This is a significantly longer potential prison sentence than for a third-degree felony.
- Up to $10,000 in fines: The financial penalties are also more severe.
- A permanent felony criminal record: This can have devastating and lifelong consequences.
- Probation
Possible Defenses
Despite the severity of the charges, several defenses might be available:
- Self-Defense: If you acted reasonably to protect yourself or others from imminent harm, you may have a valid self-defense claim.
- Lack of Intent to Cause Great Bodily Harm: Arguing that you did not intend to cause the severe level of injury required for this charge, even if you did intend the initial contact.
- Challenging the Severity of the Injuries: Arguing that the injuries do not meet the legal threshold of “great bodily harm,” “permanent disability,” or “permanent disfigurement.” This often involves careful review of medical records and potentially expert medical testimony.
- Accidental Contact: Arguing that the initial contact was accidental, not intentional.
- Mistaken Identity.
Casey the Lawyer: Your Tampa Aggravated Battery Defense Attorney
A BATT5050 charge is an extremely serious accusation that demands immediate and skilled legal representation. At Casey the Lawyer, we have extensive experience defending clients against serious felony charges in Hillsborough County. We understand the complexities of Florida’s aggravated battery laws and the strategies needed to build a strong defense.
We will thoroughly investigate the facts, analyze the medical evidence, and fight aggressively to protect your rights and your future.
Don’t face these charges alone. If you have been charged with BATT5050 AGGRAVATED BATTERY GREAT BODILY HARM you can call a Tampa Criminal Defense Lawyer at (813) 222-2220 and tell me your story.
BATT7015 FELONY BATTERY
Facing Felony Battery Charges in Tampa? Understanding BATT7015 and Florida Statute 784.041
Felony battery is a serious offense in Florida, distinct from simple battery due to the severity of the harm inflicted. If you’ve been arrested in Hillsborough County and charged with BATT7015 FELONY BATTERY, you’re facing a third-degree felony charge under Florida Statute 784.041. This section will explain the key elements of this charge and how a Defense Attorney in Tampa can help.
What is Felony Battery (BATT7015)?
This charge elevates a battery from a misdemeanor to a felony based on the extent of the injuries caused to the victim. To be charged with felony battery, the prosecution must prove that you:
(a) Actually and intentionally touched or struck another person against their will; and (b) Caused great bodily harm, permanent disability, or permanent disfigurement.
Let’s break down these crucial elements:
- “Actually and intentionally…against the will”: This is the same requirement as in simple battery. The touch or strike must be deliberate and unwanted. Accidental contact is not battery.
- “Great bodily harm, permanent disability, or permanent disfigurement”: This is what distinguishes felony battery from misdemeanor battery. This element requires a significantly higher level of injury than minor cuts, bruises, or scrapes.
- Great Bodily Harm: This isn’t precisely defined in the statute, but case law has established that it means more than just minor injuries. It generally involves injuries that create a substantial risk of death, serious and protracted disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Examples might include broken bones, severe lacerations requiring stitches, or injuries causing a concussion.
- Permanent Disability: This refers to a lasting impairment of a physical function.
- Permanent Disfigurement: This refers to a lasting and significant change in a person’s appearance.
The Difference Between “Great Bodily Harm” and “Bodily Harm”
The distinction between “great bodily harm” (required for felony battery) and “bodily harm” (sufficient for simple battery) is crucial. “Bodily harm” can be relatively minor, while “great bodily harm” implies a much more serious and potentially long-lasting injury. The prosecution must prove the higher standard of “great bodily harm” to secure a felony battery conviction.
BATT7015: A Third-Degree Felony
Because of the severity of the injuries involved, felony battery is a third-degree felony in Florida.
Penalties for BATT7015
A conviction for a third-degree felony carries significant penalties:
- Up to 5 years in prison: This is a substantial prison sentence.
- Up to $5,000 in fines: The financial consequences can be severe.
- A permanent felony criminal record: This can have lifelong consequences, affecting your employment, housing, and other opportunities.
- Probation
Possible Defenses
Several potential defenses may be available, depending on the specific facts of your case:
- Self-Defense: If you acted reasonably to protect yourself or others from imminent harm, you may have a valid self-defense claim.
- Lack of Intent: Arguing that the contact was accidental and not intentional.
- Challenging the Severity of the Injuries: Arguing that the injuries do not meet the legal threshold of “great bodily harm, permanent disability, or permanent disfigurement.” This is a common defense strategy in felony battery cases. Medical records and expert testimony may be crucial in this type of defense.
- Consent: In very limited circumstances, consent might be a defense, but this is rare in cases involving serious injury.
- Mistaken Identity.
Casey the Lawyer: Your Tampa Felony Battery Defense Attorney
A BATT7015 charge is a serious legal matter that requires experienced legal representation. At Casey the Lawyer, we have a deep understanding of Florida’s battery laws and the specific challenges presented by felony battery cases. We will meticulously review the medical evidence, investigate the circumstances of your arrest, and build a strong defense strategy to protect your rights and your future.
Don’t face these charges alone. Call a Defense Attorney Tampa at (813) 222-2220 and tell me your story. We’re here to provide the aggressive and knowledgeable legal representation you need.