If you have been arrested for a battery charge in Melbourne, Palm Bay, or anywhere in Brevard County, FL, you need an experienced criminal defense attorney who can put forth the best defense possible on your behalf. At The Canina Law Firm, we know that when you or a loved one has been arrested for Battery it can be very stressful period. Battery is a very common, yet serious criminal charge in Florida. More often than not, Battery charges stem from arguments and issues that occur within the home. This is called Domestic Violence (DV) Battery. On the other hand, a battery arrest may occur following disputes between neighbors, coworkers and friends which turn physical.
There are several different types of battery charges. Each type of charge varies in regards to the facts that the State must prove in order to obtain a conviction as well as the severity of the maximum penalty:
Simple Battery: Battery is when a person actually and intentionally touches or strikes another person against their will or intentionally causes bodily harm to another person. Battery is a first degree misdemeanor punishable by up to 1 year in jail.
Domestic Violence Battery: means any act of battery against one household member by another family or household member. “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons presently residing together as if a family, and persons who are parents with a child in common regardless of whether they are married. Except for persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Felony Battery: Felony battery is when a party actually and intentionally touches or strikes another person against their will and causes great bodily harm, permanent disability or permanent disfigurement. Felony Battery is a third degree felony punishable by up to five years in prison.
Aggravated Battery: Aggravated battery is when a party actually and intentionally touches or strikes another person against their will and intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement OR uses a deadly weapon. A person also commits aggravated battery if the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. Aggravated battery is a second degree felony punishable by up to fifteen years in prison.
The defense attorneys at The Canina Law Firm have over five decades of combined experience defending against all types of battery charges. 100% of our practice is devoted to criminal defense. We work diligently to protect and defend our clients’ legal rights and minimize potential penalties. If you have been arrested for battery in Melbourne or anywhere along the Space Coast, please do not hesitate to contact our office for a FREE case evaluation.
The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.
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