BATTERY / AGGRAVATED BATTERY

Saint Augustine Criminal Lawyers

If you have been arrested for Battery or Aggravated Battery (with or without a deadly weapon), you likely have many questions about what will happen next and the possible consequences if you are convicted. Depending upon the specific facts of your case and your criminal history, the State Attorney may file misdemeanor or felony charges against you in court.

(Simple) Battery occurs when a person (1) Actually and intentionally touches or strikes another person against the will of the other; or (2) Intentionally causes bodily harm to another person. (Simple) Battery is a first-degree misdemeanor, which is punishable by up to one year in jail.

Felony Battery occurs when a person (1) actually and intentionally touches or strikes another person against the will of the other; and (2) causes great bodily harm, permanent disability, or permanent disfigurement. A Felony Battery also occurs when a person who has been previously convicted of misdemeanor battery is accused of committing a second misdemeanor battery. Felony Battery is a third-degree felony, which is punishable by up to five years in state prison.

Aggravated Battery occurs when a person (1) commits a battery and intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (2) uses a deadly weapon while committing a battery. Aggravated Battery also occurs when a person commits a battery on a victim who is pregnant at the time of the offense and the person committing the battery knew or should have known that the victim was pregnant. Aggravated Battery is a second-degree felony, which is punishable by up to 15 years in state prison.

At Albaugh Law in St. Augustine Florida, we take protecting your rights seriously and employ a comprehensive approach to defending you against Battery charges. We immediately start a thorough investigation into the facts and circumstances of your arrest. By obtaining copies of the documentary evidence, (such as the Police Reports, Charging Affidavit, Transcripts of 911 calls, and Witness Affidavit(s), to name a few) we can review the conduct of the alleged victim, discuss with you those facts that may be missing, inaccurate or falsely recorded in the reports, and start to formulate a defense strategy. We will then use this strategy during negotiations with the prosecutor or ultimately while arguing your case to a jury.

If you or a loved one is facing Battery charges, contact the Albaugh Law Firm today for your free initial consultation.

 

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