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Jacksonville Battery Attorney

What Battery Is & How It’s Prosecuted in Florida

The crime of battery is one of the most common criminal charges that appears in Florida courts. Knowing how battery is defined and prosecuted in Florida can help you avoid battery charges, or if you're already charged with battery, understand what's in store next for your case.

If you're facing a criminal charge such as battery, you should contact an attorney immediately. At the Law Offices of Jason K.S. Porter, P.A., our Jacksonville battery attorney can help you navigate your case.

Fill out our contact form or give us a call at (904) 701-0591 to schedule your free, one-hour consultation about what the crime of battery is and how we can help.

What's the Difference Between Battery and Assault?

Battery and assault are often conflated, but they're actually separate offenses. Here's an easy way to understand the difference:

  • Assault occurs when someone fears they'll suffer immediate harm as the result of a threat.
  • Battery occurs when somebody is touched or struck against their will and without their consent.

So, if you threaten to splash boiling water in someone's face, you're committing assault. If you actually follow through with the threat and do pour boiling water on someone, you're committing battery.

Florida distinguishes several different kinds of battery and assault. For example, ordinary assault (a threat which makes someone else fear they're in danger of immediate harm) is a second-degree misdemeanor. In contrast, aggravated assault (which involves a weapon used to enhance the threat of violence) is a third-degree felony. Aggravated assault with a firearm is even more serious than aggravated assault and requires a mandatory three-year prison sentence for the offender.

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Is Battery a Felony?

It depends. Simple battery is only a misdemeanor. However, the other types of battery we've covered in this article are all felonies.

Generally, misdemeanors have less harsh penalties than felonies, which often carry mandatory fines and prison sentences as punishment. Misdemeanors are also easier to seal or expunge from a criminal record, which obviously has a lasting effect on how severely an offense will impacts a person's life. It's almost always better to be charged with a misdemeanor than it is to be charged with a felony.

To convict someone of a battery, the prosecution must prove they're guilty beyond a reasonable doubt. Attorneys commonly use defenses such as self-defense, use of force in defense of property or others, or stand your grand laws to dispute battery charges.

If you're charged with battery, you need to contact a battery defense lawyer immediately. Our Jacksonville battery attorney will work with you to create a personalized legal strategy for your case that leverages your unique circumstances.

Schedule your free one-hour consultation at the Law Offices of Jason K.S. Porter, P.A. Contact us online or by phone at (904) 701-0591 today! **Consultation fees may apply to family law consultations. Pick Porter!™

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    One night I was awaken by a phone call that my son was in jail, I thought I was having a nightmare. I knew the charges were false but knew we faced a difficult road ahead to prove his innocence. The charges against him could have been enough to have caused him to lose his children, as well as his job and ruin any further career opportunities. He could have served time and had a felony on his record. . We were so lucky to find the law offices of Jason Porter. They came highly recommended and were rated high on the AVVO site. We were scheduled for an appointment the day we called and greeted openly but candidly with the facts of what could happen. He already had the police report and had a pretty good picture of what happen before we even opened our mouth. Jason put us at ease and explained how things would work and assured my son he would do his best to protect him and his good name and to get the charges dropped or reduced to the minimum he assured him he would not make him settle for something he did not do. He was not afraid to take it to trail if that’s what needed to happen. We felt good after hearing his trial record. Gary Shumard also in the office was involved in the day to day dealing of the court appearances and trying to keep it out of trial. He spoke for my son and there were several court appearances. My son was able to work and carry on his normal day because of Gary. During the six month process my son only had to attend one court appearance and that was only because the other side tried again to file additional fraudulent charges against him however, they were immediately dismissed thanks to Gary. In the end they wanted to drop the charges to a misdemeanor; but my son didn’t want anything on his record because he was not guilty! Gary had reviewed their evidence and my son’s evidence and in the end, after six months Gary was able to keep my son’s a record clean. Gary fought hard, gathering evidence and challenging the opposing side with professionalism and knowledge. I feel sure that due to his expertise we were able to avoid a long drawn out trail and more legal expenses. Gary works hard and is at the court house it seems almost every day working for his clients, he is a dedicated attorney with knowledge, and proficiency in handling the law he gathers evidence astutely and reviews both sides he has the ability to present his findings in a very comfortable but clever way. The day the findings came down I think he was almost as happy as we were. He had a right to be it’s like climbing a mountain and getting to the top you know you deserve the view. This law office is wonderful from the secretary who answers the phone, the legal assistants, and everyone in between. We trust this law firm and believe in them with any legal matter they we may have ever!! Richard & Diane Bornstein
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