Battery Defense Lawyer

If you have been charged with any type of battery in Florida please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your battery charge dismissed or reduced.

Former Battery Prosecutor

As a former battery prosecutor Chris has an understanding of what can be important to the prosecutor in your battery case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your battery case.

Battery Defense Lawyer Since 1999

Chris has been defending individuals charged with battery since 1999. Being a battery defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors that handle battery cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your battery case.

Different Battery Defense Lawyers Get Different Results

When you have been charged with any type of battery you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A battery conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.

Information About Orlando Battery Charges

There are many different types of battery charges. The most common types of battery charges prosecuted in Orlando are battery, aggravated battery, battery on a law enforcement officer and battery on a licensed security officer charges.

Simple Battery

Battery 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. Battery is a first-degree misdemeanor punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine. However, if the person who commits the battery has one prior conviction for battery, aggravated battery, or felony battery then that person commits a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine.

Aggravated Battery

A person commits aggravated battery who, in committing battery intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement or uses a deadly weapon. A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. Aggravated battery is a second-degree felony punishable by a maximum of 15 years in prison and/or 15 years of probation and/or a $10,000 fine.

Battery On A Law Enforcement Officer

Battery on a law enforcement officer occurs when a person knowingly commits a battery on a person defined in Florida Statute section 784.07 as a law enforcement officer, the person knew the person was a law enforcement officer as defined in Florida Statute section 784.07 and the person was engaged in the lawful performance of a legal duty when the battery was committed. Battery on a law enforcement officer is a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine.

Battery On A License Or Uniformed Security Officer

Battery on a licensed security officer occurs when a person knowingly commits a battery on a person licensed as a security officer as defined in Florida Statute section 493.6101 that is wearing a uniform that bears at least one patch or emblem that is visible at all times and that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer and the person is engaged in lawful performance of his or her duties when the battery was committed. Battery on a licensed security officer is a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years of probation and/or a $5,000 fine.

Evidence

In order for the State of Florida to prove you committed the crime of battery, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:

Were there any witnesses to the incident and if so did they provide a statement?
Was the incident recorded by videotape?
Was anyone injured?
Were any photos taken of anyone’s injuries?

Constitutional Rights

The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination. In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer. It is important for you to know if your privilege against self-incrimination was violated. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:

Were you questioned by a law enforcement officer after you were arrested?
Did you make any statements that are harmful to your case?
Were you read your Miranda rights?

Orlando Battery Penalties

A conviction for battery can result in many different penalties. It is important for you to know what penalties you may be facing. Some of the penalties for a battery conviction you may be facing include:

Jail Or Prison
Probation
Counseling
Community Service
Costs Of Investigation
Costs Of Investigation
Court Costs

*Program Fees and Costs subject to change without notice*

Battery Defenses

Self Defense And The Defense Of Others

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or

(c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or

(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is attacked in his or her dwelling, residence, or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with Florida Statute 776.012(1) or (2) or Florida Statute 776.031(1) or (2).

(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

A person who uses or threatens to use force as permitted in Florida Statute 776.012, Florida Statute 776.013, or Florida Statute 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in Florida Statute 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful. The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

Use or threatened use of force by aggressor.—The justifications for use or threatened use of force by an aggressor as stated above are not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use or threatened use of force against himself or herself, unless:

(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

Defense Of Property

A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Use or threatened use of force by aggressor.—The justifications for use or threatened use of force by an aggressor as stated above are not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use or threatened use of force against himself or herself, unless:

False Allegations

False allegations because the alleged victim was actually the aggressor.

Conflicting Details

Conflicting details in an alleged victim’s story about the incident.

Lack of Injuries

Lack of injuries for conduct that would normally produce injuries.

For More Information On Chris S. Boatright, P.A. Click Below:

Orlando Criminal Defense Lawyer

Seminole County Criminal Defense Lawyer