Battery

DAYTONA BEACH BATTERY DEFENSE LAWYER

Defending Against Battery Charges in Daytona Beach & DeLand

Battery is a serious charge that can be complicated by “he said/she said” type arguments. While it is always on the prosecutor to prove intent in any criminal case, there is also always two sides of the story. A knowledgeable criminal defense lawyer can help ensure your voice is heard in court. As a dedicated trial attorney who has prior experience as a prosecutor, Attorney Matt Thompson understands both sides of a case and can leverage this in your favor. We build personalized defense strategies tailored to your unique circumstances to help protect your future and your freedom. As your partner, we will help you through the legal process, standing by your side to defend your rights against the prosecutor’s evidence.

Contact Thompson Law, P.A. to schedule your free consultation today with out Daytona Beach battery defense lawyer. We have two convenient office locations in Daytona Beach and Downtown DeLand to better serve you.

What is Battery?

Battery is defined in Section 784.03 of the Florida Statutes as intentionally and non-consensually touching, hitting, or striking another against the alleged victim’s will or intentionally causing bodily harm to an alleged victim.

There are two common misnomers that we often hear about battery charges. The first is that there must be a visible injury to the victim to be convicted of battery. While visible harm, such as a bruise, scrape, or red mark, is certainly evidence that will help the State secure a conviction against you, it is not required for the State to prove injury. Second, the victim cannot “drop charges” against the accused. Only the State can drop the criminal charges. There are certain situations where a victim will want the State to drop charges, but the State will refuse and proceed with trial against the accused and require the victim to be present and testify as to what they told the police on the night of the incident.

Understanding Your Rights After a Battery Charge in Daytona Beach

At Thompson Law, P.A., we believe that it is crucial for individuals facing battery charges to understand their rights and the protections available to them. Navigating the legal system can be daunting, especially when dealing with sensitive issues like domestic violence. Our knowledgeable team is dedicated to empowering you with the information you need to make informed decisions about your case.

Here are some key rights you should know:

The right to remain silent: It is important to remember that you do not have to answer questions from law enforcement without your attorney present.
The right to legal representation: You have the right to consult with a qualified attorney who will advocate for your best interests.
The right to access victim support services: There are numerous resources available to help you during this challenging time, including counseling and advocacy groups.
The right to protection: If you are a victim of domestic violence, you may be eligible for protective orders to ensure your safety.

By understanding your rights, you can take proactive steps in your case and work towards a favorable outcome. Let Thompson Law, P.A. guide you through this process with compassion and expertise.

Consequences of Battery Convictions in Florida

Battery is one of the few charges in Florida that gets worse the more convictions you have. Much like driving under the influence, if you continue to accumulate battery convictions on your record, the State Attorney’s Office has the ability to charge you with a felony in situations that would otherwise be considered a misdemeanor.

An arrest for battery can create a web of legal issues you must face that could include:

Being stripped of your rights to carry a firearm,
Having to be placed on court ordered pretrial services until your case is resolved,
Facing jail time, and/or
Having the court order you to avoid any contact with the alleged victim.

Retaining an experienced battery defense attorney in Daytona Beach is your best chance to have a favorable outcome when facing a charge. If convicted, a first-time offender for battery could be sentenced to up to 12 months in jail, 12 months of probation, and a fine of $1,000. If you have been convicted of a battery in the past, any subsequent battery charges become third-degree felonies, punishable by up to 5 years in jail, 5 years of probation, and a fine of $5,000.

Strategic Defense Against Battery Allegations

As with any criminal case, it is important to remember that you, as the Defendant, are innocent until proven guilty. This means that it is up to the State to show that you committed a crime – it never falls on you to prove your innocence.

To prove the crime of battery, the State must show the following two elements beyond and to the exclusion of every reasonable doubt:

The Defendant intentionally touched or struck the alleged victim against his or her will, and
The Defendant intentionally caused bodily harm to the victim.

While crime scene television shows make us believe that the State must produce some DNA or forensic evidence to prove a crime, often times battery cases are proven by using the testimony of the victim only. Because the State typically relies on eye-witness evidence, the credibility of the witnesses becomes a key component in your defense. As the defense, we can present evidence of bias to a jury that would show why the alleged victim or eye witnesses’ may not be telling the whole truth. Or, we could present evidence such as the alleged victim’s or eye witnesses’ level of impairment from drugs or alcohol that may have resulted in their inability to correctly perceive or remember the events from the alleged battery.

Understanding Self-Defense in Battery Cases

It's important to understand that in some cases, the use of force in a battery incident may be justified under the legal concept of self-defense. If you were acting in defense of yourself, another person, or your property, it could impact the outcome of your battery case. Our experienced Daytona Beach battery defense lawyers can assess the details of your case and determine if self-defense applies to your situation.

Key points to consider regarding self-defense in battery cases:

Was the use of force necessary to protect yourself or others?
Did you have a reasonable belief that force was necessary to prevent harm?
Were you the initial aggressor in the situation?
Are there witnesses or evidence to support your claim of self-defense?

Understanding the nuances of self-defense in battery cases can be complex, but our legal team is here to provide guidance and strategic defense strategies tailored to your specific circumstances.

How a Battery Defense Attorney Can Help

If you've been charged with battery, navigating the legal system can be intimidating and overwhelming. A skilled battery defense attorney provides critical support throughout this trying process. They can help by thoroughly investigating the charges against you, gathering evidence, and identifying any weaknesses in the prosecution’s case. They will work to uncover any potential defenses, such as self-defense or lack of intent, and use their expertise to negotiate with prosecutors, potentially leading to reduced charges or even dismissal of the case. Moreover, a seasoned attorney will represent you in court, advocating on your behalf and working tirelessly to protect your rights and freedom.

Why Choose Thompson Law, P.A. for Battery Defense?

When facing such serious charges, having the right legal representation can make all the difference. Thompson Law, P.A. brings a wealth of experience to your defense. Attorney Matt Thompson’s background as a former prosecutor provides him with unique insights into how the state builds its cases, which he can leverage to your advantage. With a personalized approach to each case, Thompson Law, P.A. ensures that your defense strategy is tailored to the specific details of your situation. Our commitment to excellence ensures diligent preparation and aggressive representation. When you choose Thompson Law, P.A., you’re not just getting a lawyer – you're gaining a dedicated partner who will stand by you every step of the way to fight for the best possible outcome in your case.

For a tailored defense strategy, call Thompson Law, P.A. at (386) 280-4977. Schedule your 24/7 free consultation with our Daytona Beach battery defense lawyer.

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View Recent Results

All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
No Criminal Charges Filed Public Assistance Fraud
Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.
All Charges Dismissed Resisting an Officer Without Violence
The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.
All Charges Dismissed Child Abuse Battery
The Client was entangled in a contentious divorce where her ex-husband used the criminal legal system to try to gain leverage against the Client in the family law courts. Attorney Thompson was able to provide documentation, witness statements, and a certificate of completion of a parenting class to get all charges dismissed against the client.
All Charges Dismissed Sexual Battery & Domestic Battery
Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.