In the state of Florida, battery and aggravated battery are serious offenses which leave those convicted facing harsh criminal penalties. Considered violent crimes, it is critical to obtain the legal guidance and support of an experienced and aggressive Tavares criminal defense attorney if you find yourself facing one of these serious charges. At Adams & Luka, we are dedicated to not only protecting your legal rights and freedom, but providing exceptional representation whether you have been arrested or are under investigation.Differences Between Battery & Aggravated Battery in Lake County
Battery may be charged as a misdemeanor or felony, depending on the facts of the case. Defined under Florida Statute 784.03, battery is the intentional and unlawful striking or touching of another individual against his or her will. However, if you have been found guilty of a battery offense previously, you may face felony battery charges which is a third-degree felony. Under Florida Statute 784.041 a felony battery is committed when an individual inflicts permanent disfigurement or disability, or great bodily harm on the victim, regardless of whether the injury was intentional. It is important to note that while this is often charged as a third-degree felony, those accused may also face aggravated battery charges.
Under Florida Statute 784.045, aggravated battery occurs when someone knowingly or intentionally causes permanent disability or disfigurement, great bodily harm, or uses a deadly weapon in the commission of the crime. You may also be charged with aggravated battery when the offense is committed against a pregnant woman whom you knew or should have reasonably known was pregnant. Aggravated battery is generally charged as a second-degree felony offense.Criminal Penalties for Battery & Aggravated Battery in Tavares
In the state of Florida, an individual may be charged with simple or domestic battery, both first-degree misdemeanor charges. Other types of battery include third-degree felony battery, aggravated battery with a deadly weapon or great bodily harm, aggravated battery by strangulation or on a pregnant woman, and battery on a law enforcement officer. The penalties an individual will face if found guilty depend on the charge, and whether the accused has a prior criminal record.
Typically those charged with a first-degree misdemeanor battery will face up to one year in jail. If charged with felony battery due to a second or subsequent battery, the defendant may face a maximum of five years in prison.
With aggravated battery which as mentioned above is a second-degree felony offense, the accused may face up to 15 years in prison, however there may also be a mandatory minimum sentence the defendant must serve if convicted. Penalties also depend on whether the crime is committed against a citizen, firefighter, police or other law enforcement officer, EMS personnel, etc.Contact Tavares Battery & Aggravated Battery Attorneys Adams & Luka Today
As you can see, the punishment for those convicted on charges of battery or aggravated battery in Tavares is serious and even life-changing. Not only may you face prison time, you will have a criminal record that will impact many areas of your life including employment, housing, and more. There are legal options you are probably not aware of; prosecutors must prove specific elements of the crime to obtain a guilty verdict. At Adams & Luka, we have the experience, skill, and committed approach essential to delivering the best possible result in your case. Contact us now for a free consultation at 352-787-2101.