Unfortunately, it does not take much to initiate a domestic battery case. Often times, these cases are prosecuted based on the testimony of a single witness. If you feel that you have been wrongfully accused of assault or battery, call our defense attorneys as soon as possible. There are important steps to be taken from the moment of your arrest whether it is challenging probable cause, arguing for a lower bond or bond reduction, interviewing witnesses and alleged victims, and contacting the prosecutor before any charges are ever filed.
Depending on the facts and circumstances of the assault or battery, the State Attorney’s Office can have the leverage to decide whether they want to prosecute the case as a misdemeanor or a felony. Certain factors that may impact the decision include but are not limited to: prior battery charges, the age of the alleged victim (65 years or older or under the age of 18), whether or not a weapon was involved, or an alleged victim that is pregnant.
If convicted of domestic assault or battery, you may be facing penalties such as no contact orders, jail or prison time, lengthy probation, high monetary fines and court costs, community service, months of court-ordered counseling and classes, and payment of restitution.
Certain domestic crimes may even prevent you from being able to purchase or own a firearm and may also interfere with your ability to carry a concealed weapon. They may also result in an injunction being filed against you.
Contact one of our criminal defense attorneys if you have been unfairly arrested for assault or battery in Northeast Florida.
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
784.021 Aggravated assault.—
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
784.03 Battery; felony battery.—
(1)(a) The offense of 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.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
784.045 Aggravated battery.—
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.