DAYTONA BEACH BATTERY DEFENSE LAWYER

Defending Against Battery Charges in Daytona Beach & DeLand

Battery is a serious charge that can be complicated by “he said/she said” type arguments. While it is always on the prosecutor to prove intent in any criminal case, there are also always two sides of the story. A knowledgeable criminal defense lawyer can help ensure your voice is heard in court. As a dedicated trial attorney who has prior experience as a prosecutor, Attorney Matt Thompson understands both sides of a case and can leverage this in your favor. We build personalized defense strategies tailored to your unique circumstances to help protect your future and your freedom. As your partner, we will help you through the legal process, standing by your side to defend your rights against the prosecutor’s evidence.

Contact Thompson Law, P.A. to schedule your free consultation today with our Daytona Beach battery defense lawyer. We have two convenient office locations in Daytona Beach and Downtown DeLand to better serve you.

What is Battery?

Battery is defined in Section 784.03 of the Florida Statutes as intentionally and non-consensually touching, hitting, or striking another against the alleged victim’s will or intentionally causing bodily harm to an alleged victim.

There are two common misnomers that we often hear about battery charges. The first is that there must be a visible injury to the victim to be convicted of battery. While visible harm, such as a bruise, scrape, or red mark, is certainly evidence that will help the State secure a conviction against you, it is not required for the State to prove injury. Second, the victim cannot “drop charges” against the accused. Only the State can drop the criminal charges. There are certain situations where a victim will want the State to drop charges, but the State will refuse and proceed with trial against the accused and require the victim to be present and testify as to what they told the police on the night of the incident.

Understanding Your Rights After a Battery Charge in Daytona Beach

At Thompson Law, P.A., we believe that it is crucial for individuals facing battery charges to understand their rights and the protections available to them. Navigating the legal system can be daunting, especially when dealing with sensitive issues like domestic violence. Our knowledgeable team is dedicated to empowering you with the information you need to make informed decisions about your case.

Here are some key rights you should know:

• The right to remain silent: It is important to remember that you do not have to answer questions from law enforcement without your attorney present.
• The right to legal representation: You have the right to consult with a qualified attorney who will advocate for your best interests.
• The right to access victim support services: There are numerous resources available to help you during this challenging time, including counseling and advocacy groups.
• The right to protection: If you are a victim of domestic violence, you may be eligible for protective orders to ensure your safety.

By understanding your rights, you can take proactive steps in your case and work towards a favorable outcome. Let Thompson Law, P.A. guide you through this process with compassion and expertise.

Consequences of Battery Convictions in Florida

Battery is one of the few charges in Florida that gets worse the more convictions you have. Much like driving under the influence, if you continue to accumulate battery convictions on your record, the State Attorney’s Office has the ability to charge you with a felony in situations that would otherwise be considered a misdemeanor.

An arrest for battery can create a web of legal issues you must face that could include:

• Being stripped of your rights to carry a firearm,
• Having to be placed on court-ordered pretrial services until your case is resolved,
• Facing jail time, and/or
• Having the court order you to avoid any contact with the alleged victim.

Retaining an experienced battery defense attorney in Daytona Beach is your best chance to have a favorable outcome when facing a charge. If convicted, a first-time offender for battery could be sentenced to up to 12 months in jail, 12 months of probation, and a fine of $1,000. If you have been convicted of a battery in the past, any subsequent battery charges become third-degree felonies, punishable by up to 5 years in jail, 5 years of probation, and a fine of $5,000.

Strategic Defense Against Battery Allegations

As with any criminal case, it is important to remember that you, as the Defendant, are innocent until proven guilty. This means that it is up to the State to show that you committed a crime – it never falls on you to prove your innocence.

To prove the crime of battery, the State must show the following two elements beyond and to the exclusion of every reasonable doubt:

• The Defendant intentionally touched or struck the alleged victim against his or her will, and
• The Defendant intentionally caused bodily harm to the victim.

While crime scene television shows make us believe that the State must produce some DNA or forensic evidence to prove a crime, oftentimes battery cases are proven by using the testimony of the victim only. Because the State typically relies on eyewitness evidence, the credibility of the witnesses becomes a key component in your defense. As the defense, we can present evidence of bias to a jury that would show why the alleged victim or eyewitnesses may not be telling the whole truth. Or, we could present evidence such as the alleged victim’s or eyewitnesses’ level of impairment from drugs or alcohol that may have resulted in their inability to correctly perceive or remember the events from the alleged battery.