Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals
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Our society takes criminal acts of violence, such as battery, very seriously. If you’re 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 can possibly result in your charges being reduced or even dismissed.
Violent crime charges can be 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, and will use that to seek to get your charges reduced or dismissed.
Call (850) 681-7777 for a free consultation so you can learn more about your options. The attorneys at Pumphrey Law represents 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.
A common misconception is that battery and assault are the same charge. A misdemeanor assault in Florida is a threat of violence against a person when there is an apparent ability to carry out that threat. No actual violence or harm is necessary.
A battery, however, does require that violence occurs. Battery is defined as actually or intentionally touching or striking another person against the will of the other, or intentionally causing bodily harm to another person, according to Florida Statute § 784.03.
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’ve had a prior conviction of any kind 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 laws.
Aggravated battery is basically a more serious form of battery. Florida Statute § 784.05 defines it as a battery is which there was great bodily harm, permanent disability or permanent disfigurement or the victim was pregnant and the accused knew or should have known.
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.
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.
In a criminal case, the prosecutor must prove all elements of his or her case “beyond a reasonable doubt.” This means, basically, he or she 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 is every element, from the state of mind down to the actual events.
This sounds difficult, and it is. However, Tallahassee prosecutors can do it. A criminal defense lawyer can help build your defense. He or she will look for every weakness in the case, every exaggerated claim and bring it to light. You attorney may be able to have your charges dropped or reduced, possibly 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. Contact an attorney at Pumphrey Law for help in fighting the charges.
If you’ve been charged with battery or aggravated battery in Tallahassee, it’s a serious crime, and you need a strong defense. The Pumphrey Law will fight for your rights and work to get the charges reduced or dismissed.
This article was last updated on Thursday, September 15, 2016.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
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