Orlando Misdemeanor Battery Defense Lawyer
If you have been charged with misdemeanor battery in Orlando please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your misdemeanor battery charge dismissed or reduced. One way to get your misdemeanor battery charge dismissed is by completing a Pre-Trial Diversion program. Not every misdemeanor battery case is eligible for a Pre-Trial Diversion program. See below for more information about Pre-Trial Diversion.
Former Misdemeanor Battery Prosecutor
As a former misdemeanor battery prosecutor Chris has an understanding of what can be important to the prosecutor in your Orlando misdemeanor 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 misdemeanor battery case.
Orlando Misdemeanor Battery Defense Lawyer Since 1999
Chris has been defending individuals in Orlando charged with misdemeanor battery since 1999. Being an Orlando misdemeanor battery defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Orlando that handle misdemeanor battery cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your misdemeanor battery case.
Different Orlando Misdemeanor Battery Defense Lawyers Get Different Results
When you have been charged with misdemeanor battery in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A misdemeanor 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 Misdemeanor Battery Charges
Misdemeanor 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.
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?
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?
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.
(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 because the alleged victim was actually the aggressor.
Conflicting details in an alleged victim’s story about the incident.
Lack of Injuries
Lack of injuries for conduct that would normally produce injuries.
Orange County Pre-Trial Diversion Programs
Orange County Pre-Trial Diversion Program For Misdemeanor Battery Charges
This is a deferred prosecution program for selected misdemeanor charges and for selected individuals. This program is offered by the Office of the State Attorney and supervised by Orange County Community Corrections. Successful completion of the Orange County Misdemeanor Pre-Trial Diversion Program will result in the dismissal of your charge(s) by the Office of the State Attorney.
- You must have no prior sentence, conviction or dismissal for a similar charge, no prior felony convictions, no prior convictions for charges ineligible for diversion, and no prior adult diversion/deferred prosecution programs.
- You must be a legal resident of the United States.
- You must have no more than one prior misdemeanor conviction.
- Your charge(s) must have no more than $1,000 in restitution.
- You must be approved by the Office of the State Attorney.
- Program length is 6 months
- Program cost is $300
- Program intake fee is an additional $20
- Program drug testing fee is an additional $17
- Program phone reporting fee is an additional $6-$7 per month
- Program Office of the State Attorney fee is an additional $100
- You must perform a minimum of 40 hours of alternative community work service
- You will also successfully complete an impulse control/theft prevention class
- No return to the store.
- You are responsible for any additional costs for classes and evaluations.
Orange County Pre-Trial Diversion Program For Felony Battery Charges
If you successfully complete the Orange County Pretrial Diversion Program the charge(s) you were placed in the program for will be dismissed.
This a 12 month long program with the following requirements:
1.) You must refrain from violation of any federal, state or local law. If you are arrested or charged with a crime while in the pretrial diversion program, you are subject to automatic revocation whether the crime occurred before or after the signing of the pretrial diversion contract.
2.) You must associate only with law abiding persons.
3.) You must work regularly at a lawful occupation; or pursue a course of studies as a full-time student, or both. Employment must be verified by documentation only within the first 30 days of supervision. Thereafter, employment verification shall be made every other month.
4.) You must take an active part in counseling and attend all scheduled appointments. You must participate in and be responsible for program costs of any referrals your pretrial diversion officer recommends. Referrals may include, but are not limited to participation in drug/alcohol counseling, a mental health evaluation, urine screenings, General Equivalency Diploma (GED) and English for Speakers of Other Languages (ESOL).
5.) You must immediately inform the Pretrial Diversion Program of any anticipated or unanticipated change in your residence or your employment. It is your obligation to notify the Pretrial Diversion Program of any change in your address and to comply with residence verification instructions. Should it be determined that you have moved from your reported residence or changed employment, without notice to the Pretrial Diversion Program, and are no longer able to be contacted through your reported mailing address, you are subject to automatic revocation. If you have been arrested in this case, you must also notify the Clerk of the Court for Orange County, Florida, preferably in writing, of your address change. No Out-of-Country Travel will be approved while participating in the Pretrial Diversion Program. All Notices, summonses, or other mail will be sent to your current address. If you fail to appear in court due to paperwork being sent to an old address, a warrant may be issued for your arrest, and you may be revoked from the Pretrial Diversion Program.
6.) You will promptly and truthfully answer all questions directed to you by your Pretrial Diversion Program Officer.
7.) You must pay a Cost of Supervision fee of $20.00 a month to the State of Florida as required by Florida Statute Section 948.08 unless otherwise exempted in compliance with the Florida Statutes. All monies collected by the Florida Department of Corrections will be subject to a 4% surcharge. There will be a one-time drug testing fee of $30.00.
8.) You will complete 100 hours of Alternative Community Service (ACS). ACS and all sanctions must be completed sixty days prior to the expiration of this contract or sixty days prior to any subsequent expiration date resulting from an extension or as determined by a Review Board Panel.
9.) Once the Defendant has satisfied all sanctions, early termination is acceptable.
10.) You must pay a $100.00 non-refundable cost of prosecution fee to the State of Florida within 60 days as required by Florida Statute Section 938.27.
11.) You must successfully complete an approved anti-theft/impulse control class.
12.) No return to the location of the alleged incident.
13.) You may also be required to submit to random urine screenings for drugs. Any drug test with a positive result is a violation of the Pretrial Diversion Program Agreement, and may result in additional consequences or revocation from the Pretrial Diversion Program.
In order to be eligible for the Pretrial Diversion Program you must have no criminal history (arrests, convictions, or cases in which adjudication of guilt has been withheld, whether as a juvenile or adult), or if you have a prior criminal history, you must disclose it to the Pretrial Diversion Program. If it is found that you not been fully candid on this issue, you are subject to revocation from the Pretrial Diversion Program.
If you fail to comply with any of the above conditions, your case may be subject to the following action, depending upon the violation.
- Your officer may extend the period of diversion to a term not to exceed 3 months from the date of the Pretrial Diversion Program Contract, or
- The Review Board may add additional special conditions or otherwise modify this contract, or
- Revoke the Pretrial Diversion Program contract and the State Attorney will prosecute you for this offense.
A Review Board comprised of an Assistant State Attorney and a representative of the Florida Department of Corrections, Pretrial Diversion Program, has been established for the purpose of reviewing any proposed revocation or modification of your Pretrial Diversion Program Contract. Your Pretrial Diversion Officer will attend this hearing. Modification of your Pretrial Diversion Program Contract may occur if you agree to the modification, by Review Board decision. At Review Board Hearings, evidence establishing violations of conditions of the Pretrial Diversion Program Contract will be heard. You will be given notice of this hearing and may attend and present any evidence you have in your defense and/or any evidence you have to establish matters in mitigation. Failure to appear will result in automatic revocation from the Pretrial Diversion Program. The Review Board, after hearing and considering all evidence, will render a decision in writing, citing the reasons for that decision. All members of the Review Board must agree to revocation or modification. In its written decision, the Review Board will state whether it has decided to revoked the Pretrial Diversion Program Contract or allow the Defendant to continue in the Pretrial Diversion Program. If the agreement is modified, the modifications made by the Review Board will be stated. If you are revoked from the Pretrial diversion Program, you will be prosecuted for the original criminal violation. The Defendant is bound by the decision of the Review Board. The Pretrial Diversion Contract is an agreement that is a deferral of prosecution. If the terms of the agreement are met, the initial charge will be dropped and the State of Florida will be barred from prosecution. If the terms of the agreement are violated, prosecution concerning any charge will proceed.
Orlando Misdemeanor Battery Penalties
A conviction for misdemeanor 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 misdemeanor battery conviction you may be facing include:
- Community Service
- Cost of Investigation
- Cost of Prosecution
- Court Costs
*Program fees and costs subject to change without notice*