Domestic battery in Florida is a battery which occurs between two family or household members. "Family or household member" is defined by Florida law as spouses, former spouses, persons related by blood or marriage, persons who are presently residing together or who have resided together in the pas as well as persons who have a child in common together regardless of whether they are married or not. All domestic battery arrests must be taken seriously in Florida because a conviction for domestic battery in Florida subjects an individual to a mandatory minimum 5 day jail term as well as a maximum sentence of 1 year in jail. Persons convicted of domestic battery in Florida are also required to attend a mandatory batterers intervention program at their own expense. A domestic violence conviction will also prevent an individual from obtaining a license to carry a concealed firearm in Florida. Many times the alleged victim of domestic violence does not with to go forward with prosecuting the spouse of household member who allegedly battered them. If this is the case in your domestic battery case, then it is important to contact criminal defense lawyer Antonio D. Quinn, Esq. as soon as possible so that he can obtain a waiver of prosecution and try to prevent formal charges from being filed by the State Attorney's Office.
Aggravated battery
An aggravated battery is defined by Fla. Stat. 784.045 as a battery in which an individual intentionally an knowingly causes a permanent disability, permanent disfigurement or great bodily harm. An aggravated battery also occurs when a deadly weapon is used during the commission of a battery or if the alleged victim is pregnant or over 65 years of age. An aggravated battery is a second degree felony in Florida meaning that an individual faces a maximum sentence of up to 15 years in prison in they are convicted of an aggravated battery. Aggravated battery is the most serious type of battery under Florida law. If you are facing a charge of aggravated battery in Florida, it is imperative you retain an attorney who is experienced in handling battery cases as soon as possible after you are arrested. A skilled criminal defense attorney may be able to get your aggravated battery charge reduced or dismissed before it is filed but in order for that to occur, you must act quickly after your arrest.
Defenses in Battery Cases
Self-Defense
Under Fl. Stat. 776.012 an individual is justified in using or threatening to use force against another person when he or she reasonably believes that such force is necessary to defend himself or herself from against another's imminent use of unlawful force. In Florida a person does not have a duty to retreat before using or threatening to use force. This means that Florida is considered a "stand your ground" state. Many states such as New York provide that an individual has a duty to retreat before they can use force to defend themselves. Deadly force may be threatened or used under Florida law if an individual reasonably believes that he or she is in imminent danger of death, great bodily harm or is in danger of becoming the victim of a forcible felony. It is a requirement that the individual who is claiming self-defense was not violating any laws and was in a lawful place when the alleged battery occurred for the self-defense law to apply.
Fort Lauderdale self defense attorney Antonio D. Quinn, Esq. has handled all types of battery cases and has a great deal of experience utilizing Florida's liberal self-defense laws for the benefit of his clients. If you have been arrested for battery in Broward County of Palm Beach and you believe that you were defending yourself when you were arrested, then is important to retain counsel immediately. A skilled criminal defense attorney may be able to get your self-defense case reduced or dismissed before formal charges are filed if an individual acts quickly.
