Battery (Touching or Striking required)
For the government to prove battery, they have to prove beyond every reasonable doubt that you:
Actually and intentionally touched or struck somebody and it was against their will.
In Florida, the government does not have to prove the victim sustained any kind of injury for a battery. However, the government does have to prove more if you are charged with domestic battery, felony battery, battery on a law enforcement officer, aggravated battery, battery on a pregnant person, battery on a person 65 years of age or older. Battery is an enhancement crime meaning the more you do it, the worse the penalties get. Usually, the government will charge felony battery if you have any prior battery convictions. This is so even if the new offense, in a light most favorable to the government, would only be a misdemeanor battery.
If you are facing battery charges and need a Florida criminal assault and battery attorney, call me...
Grey
To speak with me anytime,
Call: (561)686-6886
Florida Battery Defense Lawyer
Assault and Battery Defense Attorney
Recent Battery Case Wins
BATTERY - Not Guilty after Jury
Trial.
The client was accused of
kissing a woman in an elevator. According to the
accuser, the client approached her in the elevator,
told her she had beautiful blue eyes, asked her if
she was married and said her husband was lucky. She
went on to say that he grabbed her hand and kissed
it, and then kissed her on her mouth. The client
testified at trial that they did meet in the
elevator. However, he denied ever touching or
kissing the accuser. He also testified that she must
be prejudice towards him because he is Hispanic and
she is white. The jury deliberated for less than ten
minutes. Not Guilty after jury trial.
ASSAULT & BATTERY- Not Guilty
after Jury Trial on all counts.
This case was a down-filed
felony. He was initially arrested for aggravated
domestic battery, punishable by up to 15 years
prison. The allegation was that my client attacked
his girlfriend and her eight year old son. He chased
her around the house with a five foot pole. He
wedged the pole between the door and the door frame,
so the door could not close. As the accuser was
closing the door, he struck her in the neck with the
end of the pole. Her neck was injured. This was all
done in front of her son. At trial, the accuser was
cross-examined thoroughly about bias, motive to lie,
and fabricating evidence. Not Guilty on all counts,
assault and battery.
DOMESTIC BATTERY - Not
Guilty after Jury Trial based on Self-Defense.
The client had an argument
with her husband. She told him a hit man from
Chicago was going to "snuff him out." She also
complained that he doesn't have sex with her.
Her son tried to intervene. She grabbed her son
by the arm so she could continue to argue and
threaten her husband. She caused abrasions to
her son's forearms. Initially, the client was
arrested for child abuse on her son, a felony,
and domestic battery on her husband. When the
client grabbed her son, her husband intervened.
The client hit and scratched her husband,
injuring him. He had lacerations to his left
cheek, neck, left forearm and hand. The client
denied anything occurred. At trial, the defense
was self-defense. Her husband grabbed her first
and she fought back. You have the right to
defend yourself. The jury agreed.
DOMESTIC BATTERY - Not
Guilty after Jury Trial.
The accuser's side of the
story: She told my client she was breaking up
with him. They argued. He told her they were
"going to die tonight." This was a classic
reference to the "if I can't have you, nobody
will have you" argument. He was driving fast and
wouldn't let her out of the car. She tried to
get out. He went crazy when she said she was
leaving him. She eventually got out and ran with
her daughter. She called 911. He slammed the
phone down to the ground. He hit her on the face
by the right ear and her chest area. It is
undisputed that she had redness and a scratch
mark on her body when police arrived. At trial,
the defense was self-defense. Yes, she had
marks, but she was the aggressor. Domestic
battery is a gender-biased crime. It seems the
guy almost always goes to jail. However, the
jury found him not guilty.
DOMESTIC BATTERY - Not Guilty
after Trial.
My client was the son of a
famous jazz drummer who played with John Coltrane. I
love jazz, so this was an honor to defend him. The
allegation was he hit his wife on her right arm with
a cane and knocked her into the counter. He did push
her away in self-defense. She picked up a phone and
tried to hit him with it. The theme of the case was
this is a he said, she said, with no visible
injuries. He used reasonable force to defend
himself.
BATTERY - Not Guilty after
Jury Trial.
The client allegedly hit
his wife in the face. She called 911. She had
redness on her cheek area. Photos were taken.
The client was arrested right away without being
able to tell his side of the story. After
arrest, the police found a vicodine pill. He did
not have a prescription for it. That felony
charge was dropped. We went to trial on the
battery charge. We argued lack of evidence. It
was a he said-she said with virtually no visible
injuries. The not guilty verdict was a relief
for the client.
aaacriminaldefense.com has its principal office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr. Tesh represents clients charged with serious federal criminal offenses before Federal Criminal Courts in Miami, Fort Lauderdale, West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach, Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts throughout the United States of America.
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Federal Court, as opposed to thirty (30) days in Florida, to file a notice of appeal. If you want to appeal a conviction, you must contact a Federal criminal appeals attorney immediately as time is of the essence.