Simple Battery in the State of Florida
Throughout the United States, assault and battery are some of the most common semi-violent criminal offenses known in the legal system. It is especially prevalent in the state of Florida, however, it is divided into various sub-formalities that vary quite a bit in severity and include a wide range of punishments, and sentencing guidelines. According to Mr. Steven Veinger, the best criminal attorney Miami has to offer, simple battery is considered a first-degree misdemeanor, and individuals can face a penalty of up to $1000 in fines, and a maximum jail sentence of up to 12-months – this sentence is often replaced for probation as well. Because this charge is considered a misdemeanor, individuals can often defend themselves easily and forgo harsher convictions, with the help of a lawyer like Mr. Veinger, the best criminal attorney Miami has in practice. To learn more about the crime of simple battery, by far one of the prevalent in the state, be sure to read on ahead.
The charge of simple battery is defined in the Florida statutes 784.03, as: “Actual and intentional touching or striking of another person against the targeted person’s will (non-consensual). The intentional causing of bodily harm to another.” As the top criminal defense lawyer Miami has to offer, Mr. Veinger has helped countless clients to evade these types of charges, or have their sentencing drastically decreased. A important things that distinguish a simple battery case, is that it is instances in which: an individual does not use any weapons, they do not cause serious bodily harm, and cases where individuals do not engage in acts of domestic violence. As the top criminal defense lawyer Miami has in practice, Mr. Veinger is able to argue the vast majority of battery cases using the idea of intent, and being able to prove that his client did not act with any prior knowledge or intent to commit the act that they are being accused of. This is an important concept to understand, as case law dictates – according to C.B. v. State, 810 So. 2d 1072 (Fla. 4th DCA 2002), “an offender must commit either a specific voluntary act that causes harm to another or something substantially certain to result from the act.” This essentially means the act was done, with an intent to harm the other person. In many instances, Mr. Veinger has been able to use instances of accidental touching or incidental contact of some kind to argue that there in fact, was never any intent to harm.
Another instance in which intent comes to a head and there is some discrepancy regarding an individual’s intent, is when there are two individuals engaged in a fight or some type of combat. When two individuals are fighting, according to Mr. Veinger, the best criminal attorney Miami has practicing, technically they have both now consented to engage in the actions that follow – regardless if one individual inflicts more damage or is “winning” the fight or not. As the top criminal defense lawyer Miami has practicing, MR. VEINGER will often use this idea to defend his clients, as many instances where battery comes into play begins from a dispute that becomes a physical altercation. Mutual combat is a widely recognized defense against battery as both individuals are in a way, consenting to a physical altercation. It can, therefore, be assumed that both individuals consented to the touching as it is an understood consequence of engaging in a physical altercation. In a case such as this, according to Eiland v. State, 112 So. 2d 415 (Fla. 2d DCA 1959); A.L. v. State, 790 So.2d 1149 (Fla. 2d DCA 2001), “both parties must, therefore, be at fault for the fight.”In essence, this absolves the defendant, as they can no longer be held liable as the primary aggressor or initiator of the fight. One instance in which this can be disputed however, is if the defendant showed any prior violent actions or behaviors towards the victim. This can paint them to be somewhat of an aggressor and therefore, show that they intended to harm the victim and commit battery. In these cases, it is up to the attorney to convince the jury and judge that these actions should not be counted against the specific actions of the fight leading to the charge. And that the fight should be taken as a separate incident, and just a fight, not an act of battery. For more information on simple battery or other criminal charges, be sure to contact us today.