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Battery and Aggravated Battery in Tampa, FL

If you have been arrested for battery or aggravated battery in Tampa, Hillsborough County, then contact the experienced criminal defense attorneys at the Sammis Law Firm. Call 813-250-0500 to talk with our attorneys to discuss your case today. We are experienced in fighting different types of allegations of violent crimes in the Tampa Bay area.

We provide free initial consultations to discuss the charges against you and possible defenses. Find out what you need to do in the first 21 days after the arrest to protect yourself from false or exaggerated accusations.

Different Types of Battery Charges in Florida

Under Florida law, a battery charge can be a misdemeanor or felony offense. Battery charges in Florida can include:

  • Simple Battery, a first degree misdemeanor;
  • Felony Battery, a third degree felony;
  • Aggravated Battery with a Deadly Weapon;
  • Aggravated Battery with Great Bodily Harm;
  • Battery on a Law Enforcement Officer (LEO).

The different types of battery charges under Florida law each come with different elements that must be proven at trial. The penalties and punishments depend on the way the offense was charged and whether the person accused has any prior criminal record.

Florida law increases the punishment for a battery as the degree of actual injury or the potential for serious injury becomes greater.

Florida Statute Section 784.03 for Simple Battery

Under Florida Statute § 784.03, the offense of Battery (often called "simple battery') requires that the prosecutor prove the following elements beyond a reasonable doubt:

  1. The Defendant intentionally struck or touched the alleged victim against the will of the alleged victim; and
  2. The Defendant intentionally caused bodily harm to the alleged victim.

Felony Battery under Florida Law

Florida Statute Section 784.03(2), is called Felony Battery. Felony Battery requires one prior conviction for battery, aggravated battery, or felony battery.

Florida Charges of Aggravated Battery

Under Florida Statutes Section 784.045 and 784.041, the offense of Aggravated Battery or Felony Battery requires that the prosecutor prove all of the elements of battery, plus that in committing the battery, the defendant either:

  1. Knowingly and intentionally caused permanent disfigurement, permanent disability or great bodily harm to the alleged victim; or
  2. Used a deadly weapon, which is a weapon that was used or threatened to be used in a manner likely to cause great bodily harm or death.

Aggravated battery is a second-degree felony punishable by up to 15 years in Florida State Prison.

Florida Charges for Aggravated Battery on a Pregnant Female

Under Florida Statutes § 784.045, the crime of Aggravated Battery on a Pregnant Victim requires proof of a battery plus proof beyond a reasonable doubt that:

  1. The victim was pregnant at the time of the battery; and
  2. The defendant knew or should have known that the victim was pregnant at the time the battery was committed.

Battery on a Law Enforcement Officer under Florida Law

Battery on a Law Enforcement Officer is charged under Florida Statute Section 784.07, as a third degree felony. The charge of Battery on a LEO "is effectively a misdemeanor charge of battery reclassified to a felony due to the status of the victim being a law enforcement officer.

Florida Statute Section 784.07(2) states that “[w]henever any person is charged with knowingly committing an assault or battery upon a law enforcement officer ... the offense for which the person is charged shall be reclassified as follows: ... (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.” See Knowles v. State, 65 So. 3d 597, 598-99 (Fla. 4th DCA 2011).

Finding an Attorney for Your Battery Charges in Tampa, FL

If you have been arrested for battery or aggravated battery, contact an experienced criminal defense attorney in Tampa to discuss your case. We defend clients charged with battery or aggravated battery (including Domestic Battery and Aggravated Domestic Battery) in the Tampa Bay Area.

We represent clients for felony and misdemeanor battery and assault cases in Clearwater or St. Petersburg in Pinellas County, Bartow in Polk County, Dade City or New Port Richey in Pasco County, Brooksville in Hernando County, or Plant City or Tampa in Hillsborough County.

This article was last updated on Thursday, March 2, 2017. 

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