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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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    "Bad things happen to good families and people” That is one of the first things Jason said to me and my son. The laws are set to protect us. However, the law can be black and white when there are several shades of grey. If a man has a beer in his own house after coming back from war but is only 20, should his dad be charged for contributing to the delinquency of a minor? Have you ever done something now looking back, it may not have been the best decision but nothing happened? That was not the case a few years ago to my family. A bad decision, one I am sure many of us have done in our younger days. A bad decision was made and it could have ruined a young man’s future. The courts are busy and things can fall through the cracks; I was making sure my son was not one of them. I knew Jason had worked for the District attorney’s office so he knew both sides of the law. He knew what the other side was going to do and say because he was there for many years. He prepared our family through each and every step. He made sure that we were proactive “getting ducks in a row” so to speak. If there was something mentioned, we had already taken care of it and showed no history and really no where for the other side to go. What could have been jail time ended up being a bump in the road. No one can promise anything is a sure thing. Jason did not make any promises he was not prepared to keep. He told us what normally happens, and what he was going to try for and he did. I rather have someone say there is a 70/30 chance than, “sure this is no problem, don’t worry about it”. We do worry about it. It is our lives or one of someone we love. Some cases may not be life or death, but they all are between a life that could be and a life that never will be. Jason understands that and approached it as if was his brother standing next to him. Every now and then, I will look at my son when eating dinner or something and think, if it was not for Jason and his group, I would have to visit my son to see him. I thanked God for Jason being there then, and have every day since.

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    Jason is the best lawyer in Jacksonville. I have had the pleasure of having him represent a family member and his work was above and beyond what any other attorney would have done. He will work with you where ever he can to get the best outcome. You can trust what he says. Very high ethics .I have called him my Perry Mason, and I really mean it. If you want THE BEST trust Jason Porter, he's real.
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