Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals

* Statistics Verified by County Clerk of Court Documents

Read More
Client Testimonials
  • "I couldn't have asked for a better law firm!" by Anonymous (Google Review 2), Past Client
  • ""He’s who you want to talk to."" by Austin (2020), Past Client
  • "Superlative firm, experienced and professional. Definitely a stand out in Tallahassee." by Austin C., Past Client
  • "Would recommend if looking for a law firm that is committed to every case and personal circumstance" by Cameron J., Past Client
  • "I would trust him with my case 10/10 times, A+ lawyer!" by D. Hoffman, Past Client
  • "He took his time with my case and made sure to get me the best results." by David H., Past Client
  • "Today, my relative is no longer in the system, having to report on a weekly basis, graduated college & gone on with his carer, having avoided prison - Thanks to Don Pumphrey JR." by Donna J., Relative of Past Client
  • "I have never felt so taken care of from an attorney. " by J. Burke, Past Client
  • "I would recommend them to anyone that is in need of the best legal care available!!! " by J. Martinez, Past Client
  • "[Don] is honest, truthful and the person you want in your corner." by J. Williams, Past Client
  • "I was referred to Mr. Pumphrey’s law firm through a mutual friend who spoke highly of him. At no surprise, he came through for me in a huge way. He was effective and efficient. If you are in need of a top notch lawyer that gets the job done, Don Pumphrey is who you need!" by Jonathan C., Past Client
  • "You will not find a finer, more experienced criminal attorney in Tallahassee to handle mistakes made by yourself or your student." by Kim, Parent of Past Client
  • "I will definitely be recommending his firm to anyone I come across that needs legal counsel. Thank you Don! You put our anxiety at ease and established a relationship and referrals for a lifetime!" by Kim S., Past Client
  • " I would gladly recommend his law firm to represent you or anyone else. They are the real deal." by M.H., Past Client
  • "His passion for justice is second only to his unwavering commitment to his clients." by Michael M., Past Client

Battery / Aggravated Battery

Violent crime lawyer in Tallahassee

Our society takes criminal acts of violence, such as Battery, very seriously. If you are convicted of battery in Tallahassee, FL, you could face severe penalties such as jail time and fines. In addition, you will be labeled a violent felon, which could have lifelong repercussions, including difficulty finding a job and trouble renting a home.

If the offense of battery is committed against certain people, the penalties can drastically increase. If you have been arrested for a battery offense, hiring a knowledgeable Florida criminal defense attorney could result in your charges being reduced or even dismissed.

Information About Battery Charges in Florida

Back to top

Defining Battery in Florida

A common misconception is that Battery and Assault are the same charges. A Misdemeanor Assault in Florida is a threat of violence against a person when there is an apparent ability to carry out that threat. The person engaging in the assault must appear to the victim to be able to commit such a threat to them, and the victim must fear an incoming danger from the accused, but no actual violence or harm is necessary.

A battery, however, does require that violence occurs. Under Florida Statutes § 784.03 Battery occurs when a person:

  1. Actually and intentionally touches or strikes another person against the will of the other; or
  2. Intentionally causes bodily harm to another person.

Therefore, although Assault is a threat of violence, Battery is actual violence. Battery by itself is a first-degree misdemeanor, punishable by up to a year in jail and a $1,000 fine. However, if you have had a prior conviction of any level of battery, the charge is upgraded to a third-degree felony. A felony of the third degree is punishable by up to five years in prison and a $5,000 fine.

Additionally, the charges for Battery can increase if the crime was committed against a law enforcement officer, correctional officers, probation officers, accident investigation officers, parking enforcement specialists, and others included in Florida Statutes § 784.07.

Back to top

Aggravated Battery Charges

Aggravated Battery is a more serious form of misdemeanor Battery. Florida Statutes § 784.045 defines it as a battery in which there was great bodily harm, permanent disability, permanent disfigurement, or the victim was pregnant and the accused knew or should have known of her condition.

A crime most often is considered aggravated if a deadly weapon was used. This also is the case for Aggravated Battery. A deadly weapon under Florida law is any weapon used in a manner likely to produce great bodily harm or death. Aggravated Battery is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.

You can be charged with Aggravated Battery even if your hands did not touch the other person. Aggravated Battery is charged in cases where the accused intentionally drove into another occupied vehicle.

Any conviction for battery carries the stigma of a violent and dangerous criminal. Potential employers may be uncomfortable hiring someone they fear. Landlords may not want to rent to someone who could potentially frighten other tenants. Even your friends and loved ones may look at you in a different light.

Back to top

Florida Defenses Against Battery Charges

In a criminal case, the prosecutor must prove all elements of their case “beyond a reasonable doubt.” This means they must convince the members of the jury that the only thing that could have happened is what they describe, other than a far-fetched or nearly impossible scenario. This must be done for every element of the crime, from the state of mind down to the actual events.

While this sounds and is difficult, Tallahassee prosecutors are able to do it. Having a criminal defense lawyer can help build your defense by looking for every weakness in the prosecutor’s case, every exaggerated claim, and bringing them to light. Your attorney may be able to have your charges dropped or possibly reduced to a weapons charge.

In some cases, an attorney may be able to prove you were acting in self-defense. Other times an attorney may be able to prove you were protecting others or property from harm. It can be complicated, but a defense may be applicable depending on the specific facts of your case. By looking at the circumstances surrounding the arrest and figuring out who initiated the aggression, did the other party react appropriately to the situation, understanding what the conflict centered around, and the specifics of the victim. A skilled attorney may be able to raise an appropriate defense based on your specific circumstances.  

The 4th District in Huber v. State stated reaffirmed how voluntary intoxication is a defense to the specific intent crime of aggravated battery. While voluntary intoxication is not a complete defense, it specifically negates the necessary mental state of specific intent. This is sometimes brought during homicides where the prosecution needs to show premeditation. To learn more about Criminal Intent, visit our blog here.

The Florida Supreme Court stated in Reaves v. State that in order to assert the defense of involuntary intoxication, the defendant is required to present evidence of intoxication during the offense. Corroborating, objective evidence is needed to show that the defendant was unable to form the requisite specific intent. The Court further explained how (1) detailed confessions, (2) defendant’s clear recollection of the facts, (3) deliberate behaviors, or (4) evidence showing the defendant was not intoxicated when the offense was committed can all go to negating a voluntary intoxication defense at trial.

Attorney for Battery Charges in Tallahassee, FL

Violent crime charges are always serious. But an arrest does not always mean that you will be convicted. It is important to understand the charges you face and know you do not have to tackle them alone. If you are charged with battery or aggravated battery, contact a skilled criminal lawyer in Tallahassee.

The experienced criminal defense lawyers at Pumphrey Law will zealously fight for your rights. They will look for holes in the prosecution’s argument and every misstep the police made in gathering evidence and arresting you. Then they will use that to seek to get your charges reduced or dismissed.

The attorneys at Pumphrey Law represent clients throughout Tallahassee and the surrounding areas throughout Florida’s Second Judicial Circuit, including Crawfordville in Wakulla County, Bristol in Liberty County, Quincy in Gadsden County, and Monticello in Jefferson County.

Don Pumphrey and his legal team at Pumphrey Law Firm have represented clients all across Florida for various crimes. Call (850) 681-7777 or leave an online message today for a free consultation.


Page Updated May 24,th 2022

 

Back to Top