What Do You Need to Know if You or a Loved One is Arrested for Battery or Domestic Violence
Under Florida Statute 784.03 a battery occurs when a person touches or strikes another person or intentionally causes bodily harm to another person. Typically, this occurs by one person hitting another person. The first time a person is convicted of a battery it is a first-degree misdemeanor punishable by up to one year in the county jail. A subsequent conviction for battery is a third-degree felony punishable by up to five years with state prison.
If you are charged with committing a battery in Brevard County, Florida you should call Mario, Gunde, Peters, Rhoden & Kelley, LLC, and speak with an attorney who is experienced in defending people accused of battery. Do not discuss your case with anyone until you have spoken with a criminal defense attorney.
There are many defenses available to someone accused of battery. You can hit another person if you are defending yourself from physical harm. To be a valid defense you must have reasonably believe your conduct was necessary to defend yourself and the violence against you must have appeared ready to take place.
In many battery cases the best defense is the innocence defense. If you can plausibly say to a jury, “I did not hit him,” then you probably have a good defense. Mistakes in identification happen all the time and sometimes the State cannot even prove a defendant was present when the alleged crime was committed. This is an alibi defense.
Accident can also be a good defense. Maybe you stumbled and fell into someone or accidently dropped something on them.
Domestic violence battery is a specific kind of battery. Under F.S. 741.28 domestic violence is a crime of violence against a member of your family or household. This would include assault, battery, stalking, false imprisonment, or any crime that results in physical injury or death.
The definition of family or household member is broad and includes anyone who currently or in the past have lived together in the same single dwelling unit, or people related by blood or marriage. Also included are the parents of a child even if the parents never lived together.
Under F.S. 741.283 a person who is convicted of domestic violence by causing bodily harm must serve at least five days in the county jail.
The State of Florida and Brevard County take domestic violence very seriously. Each State Attorney in Florida has set up special units of prosecutors to handle domestic violence cases. This is because domestic violence often results in death, domestic violence tends to reoccur, victims of domestic violence under report the abuse, and many alleged victims recant and claim the violence never happened.
Despite the special focus on domestic violence prosecutors often have a difficult time proving their case. The case may come down to he said- she said. A good domestic violence defense attorney can use the reasonable doubt standard to cause a jury to return a verdict of not guilty.
Domestic violence is also a social problem. Prosecutors have discretion to let a defendant go into a diversion from prosecution program. In a diversion program the defendant receives counseling, and the prosecution drops the charges. Sometimes it is best for all concerned if a family can be healed and put back together.
The battery and domestic violence attorneys at Mario, Gunde, Peters, Rhoden & Kelley, LLC, have decades of experience in these cases. We are the largest and most experienced criminal defense and family attorneys in the County. Our criminal defense lawyers know how to fight for your rights in court when necessary or negotiate a settlement acceptable to all parties. Call today for a free consultation. (321) 676-2150 or (321) 631-0506 or email using the contact form at the top of this page.
