Battery is an intentional touching of another person against his or her will or an intentional act that results in the bodily harm of another. A battery is a first-degree misdemeanor; however, a second charge of battery results in a third-degree felony. An accidental touching or a threat to do an act that would result in bodily harm does not constitute battery. If you are charged with battery, you should seek legal counsel to determine if you have any valid defenses to this allegation. Battery can be between people who never met or people who have a relationship with one another (domestic violence battery).
The offense of battery can be upgraded depending on aggravating factors such as the use of a weapon, the alleged victim is a child, the alleged victim is a person over the age of 65, etc. Commonly, a criminal domestic battery case will be coupled with a Petition for a Domestic Violence Injunction (DVI). A DVI is a civil matter; however, if that person violates the Injunction it may result in a criminal charge. In Florida, an act of domestic violence is a serious offense and can have severe consequences in both the criminal and civil side of the case. If you are the alleged perpetrator of an act of domestic violence you should be defended properly. Furthermore, a person charged in a criminal case must be very careful about his or her testimony at the DVI hearing. Do not try to handle this on your own, hire an attorney today.
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If you are in need of a criminal defense attorney (lawyer) in Orange, Osceola, Seminole, Lake or other counties throughout Florida call Schwam-Wilcox & Associates at 407-245-7700, or Contact Us by completing the form below to schedule a consultation. Schwam-Wilcox & Associates is a firm you can trust, and our attorneys are ready to help you with your legal needs. The main office is conveniently located near Winter Park in Orlando, with appointments also available in The Villages.