When people think of battery charges, they usually imagine physical fights or violent actions. But in Florida, battery charges don’t always require physical contact. While most cases do involve direct contact, there are situations where someone can still face battery charges without actually touching the other person.
At The Rickman Law Firm, our Tampa battery lawyers have extensive experience in representing defendants facing battery charges.
In Florida, battery happens when someone intentionally touches or strikes another person without their consent, or causes bodily harm to another person.
Battery is a serious crime in Florida. Simple battery is a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and fines up to $1,000. If the battery involves serious injury, use of a weapon, or other aggravating factors, it becomes aggravated battery, which is considered a second-degree felony. This can result in up to 15 years in prison, 15 years of probation, and fines up to $10,000.
Both types of battery charges can have long-term effects, including a criminal record, job loss, and damaged relationships, especially without guidance from a battery lawyer in Tampa with The Rickman Law Firm.
Yes, it is possible to be charged with battery even if you don’t directly touch the other person. This can happen in situations where harm is caused indirectly or through other means.
If you use an object to hit someone, that can be considered battery. For example, throwing something at another person and hitting them could lead to a battery charge, even though you didn’t physically touch them yourself.
You can be charged with battery if you cause indirect harm. For instance, if you set up a situation that leads to someone getting hurt, you could face battery charges. Even though you didn’t physically touch the person, your actions caused them harm.
Battery involves physical contact, but if you threaten someone and they believe they’re about to be hurt, you could be charged with assault. Assault is defined as a threat or action that makes someone fear they’re in danger, even if no contact is made. For example, if you raise your hand as if to hit someone, and they believe you’re about to strike, you could be charged with assault. Due to this, assault and battery can often be charged together when threats lead to physical violence.
Just saying something threatening isn’t enough to be charged with battery. However, if you make a threat and follow it with actions that make the person fear immediate harm, you could potentially be charged with assault. If the situation then escalates to physical violence, it could result in battery charges, especially without defense from the best battery defense lawyers in Tampa.
If you are facing a battery charge, work with a Tampa battery defense lawyer with The Rickman Law Firm who understands how to build an effective defense strategy.
For a free battery case consultation, contact our office at (813) 370-1185 or fill out the consultation form on our website anytime.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
In Florida, once someone is charged with battery, many people think the victim can simply “drop” the charges. However, this is not how the legal process works. The decision to drop or pursue battery charges is up to the State Attorney, not the victim.
According to Florida courts, battery happens when a person intentionally hits, touches, or harms someone against their will. Battery can be considered a misdemeanor, but it can also be charged as a felony in more serious cases.
In simple terms, no – the victim does not have the legal authority to “drop” battery charges during legal proceedings. This is a common misconception. Battery is considered a crime against the state, meaning that even if the victim requests that charges be dismissed, the decision lies with the State Attorney’s Office. The prosecutor will review the evidence and decide whether there is enough to proceed with the case.
Although the victim doesn’t have the power to drop the charges, their cooperation is important. If the victim refuses to testify or changes their story, the case may become harder. In some situations, this could lead the prosecutor to drop the charges. However, this decision is based on the strength of the evidence, not just the victim’s wishes. Your Tampa battery defense lawyer with The Rickman Law Firm will build the most effective defense strategy possible based on the context of your case.
In addition to your Tampa assault and battery attorney’s defense strategy, prosecutors look at several factors when deciding whether to move forward with battery charges:
If there is clear evidence of battery, such as witness statements or video footage, the case may still move forward, even if the victim doesn’t cooperate.
More serious injuries or a history of repeated offenses may push the prosecutor to pursue charges to protect the victim and prevent future harm.
The prosecutor may choose to pursue charges to protect the public, especially if the accused has a history of violence.
While the prosecution cannot drop battery charges, if you are facing battery charges, it’s important to get legal help as soon as possible. The expert Tampa assault and battery attorneys with The Rickman Law Firm can provide the representation to defend in the courtroom.
For a free case consultation with a leading Tampa battery defense lawyer with The Rickman Law Firm, fill out the consultation form on our website or feel free to call our office at (813) 370-1185.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.