If you’ve been charged with battery in Fort Lauderdale, Florida, Michael D. Weinstein, P.A. is a criminal defense law firm that may be able to represent you. Our attorney can review the charges against you, evaluate the evidence, and fight to help you get the best possible outcome for your case. Battery is defined as a criminal action in which an alleged offender makes unwanted contact with another individual. The contact must be unwanted, harmful, and nonconsensual. Battery can involve many different types of contact. The most obvious types are punches or hits or kicks, but other types of contact can also be considered battery. Bumping a person into traffic could be considered battery if this action had the intent to harm. Sexual contact that is unwelcome and non-consensual is also battery. Battery charges will depend on the severity of the alleged contact, the circumstances of the alleged crime, and the individuals involved. Michael D. Weinstein, P.A. is a criminal defense law firm in Fort Lauderdale, Florida that assists individuals facing battery charges. You are innocent until proven guilty if you have been arrested for battery. If you have been charged, are facing questioning by police, or have been arrested for battery, consider reaching out to Michael D. Weinstein, P.A., a criminal defense lawyer today. You have the right to remain silent and the right to ask to speak to an attorney.
Simple Battery vs. Felony Battery
Are you facing battery charges in Fort Lauderdale, Florida? There are two types of battery charges: simple battery and aggravated or felony battery. Simple battery involves harming or striking another person, causing harm. This can involve restraining another person, throwing or hitting a person, or kissing or touching another person in a manner that is not consented. A person doesn’t necessarily need to be harmed for an individual to face battery charges. Simple battery charges can result in one year in jail, up to $1000 in fines, and collateral consequences of having a criminal record. Felony battery is more serious. A person could be charged with felony battery if he or she is found guilty of attacking emergency personnel, police officers, or fire fighters. If a person strikes or makes contact with another person and this results in serious injuries, disability, or disfigurement, the charge of simple battery could be increased to felony battery. Are you facing battery charges in Fort Lauderdale, Florida? Michael D. Weinstein, P.A. is a criminal defense law firm that may be able to assist you. We can review the details of your charges and help you understand the next steps available to you.
What are some possible defenses for battery charges? Sometimes individuals are wrongfully accused of battery because these acts may take place at night, where the perpetrator isn’t easily identified. Due to issues of racial profiling, mistakes of likeness that occur because of a victims’ psychological distress, or other issues, a person could be wrongfully accused of battery. If you are being arrested or charged for a crime you didn’t commit, it is important to speak to a lawyer as soon as possible or ask to have a lawyer assigned to your case.
Other possible battery defenses include:
- Self-Defense for yourself or others (stand your ground). If someone is attacking you or someone nearby, you may be able to fight for your safety and for the safety of others in self-defense.
- Defense of personal property. If someone is trying to rob your home, steal your car, or steal or rob your business, you may have the right to take action to protect your property.
- Wrongful accusations. Sometimes individuals face battery accusations from vengeful exes. These individuals might be using these false allegations to get favorable child custody outcomes or better divorce settlements.
- Problems with the Facts. When battery occurs, sometimes there might have been alcohol or other intoxicants involved. Sometimes there might have been fighting. Sometimes one person strikes and another person strikes back, making contact. The facts of a case are important when determining whether a case is simple self-defense or the more serious charge of battery.
These are just some possible defenses for battery charges. Michael D. Weinstein, P.A. is a criminal defense law firm in Fort Lauderdale, Florida that can review your charges, evaluate the evidence, and help you understand what possible defenses may be available for your charges. Contact our criminal defense attorneys today. If you have been arrested, you have the right to ask to speak to your lawyer. You do not have to speak to police.