Daytona Beach Battery Defense Lawyer
Defending Floridians from Offices 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.
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.
Penalties for a Battery Conviction
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.
Defenses to Battery Charges
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.
We will tailor your case to fit your specific circumstances. To learn more, call Thompson Law, P.A. at (386) 280-4977 and schedule your free consultation. We answer our phones 24/7.
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.
Sale and Possession of Heroin
Defendant entered a treatment facility while case was pending. Attorney Thompson provided progress reports of all of her progress during her stay to show improvement. State agreed to amend all charges to simple possession and the Defendant was sentenced into Drug Court.
Aggravated Assault with a Firearm
Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.
Grand Theft, Fleeing, Possession of a Fictitious Driver’s License
Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.
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.
Over 15 Years of ExperienceThere's no substitute for experience. When faced with a serious crime, you need an attorney who has successfully handled numerous cases like yours.
Aggressive Trial AttorneyMatt Thompson is a skilled trial attorney and has achieved many positive jury verdicts. If your case goes to trial, you can be confident that Matt is equipped to represent you.
High-Quality Legal RepresentationAt Thompson Law, P.A., every client matters. This means that your case will receive the personal attention and care it deserves.
Criminal Defense Is All We DoBecause our firm only focuses on criminal defense matters, you can trust our team has the specific knowledge needed to handle you case successfully.