Can You Be Charged with Battery in Florida If There Was No Physical Contact?
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.
What Is Battery In Florida?
In Florida, battery happens when someone intentionally touches or strikes another person without their consent, or causes bodily harm to another person.
Penalties for Battery in Florida
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.
Can You Be Charged with Battery Without Physical Contact?
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.
Using an Object
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.
Indirect Harm
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.
Threatening Behavior
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.
Can Words Alone Lead to Battery Charges?
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.
Trust the Lawyers Your Community Does
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.