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Experienced Criminal Defense Attorney for Felony Battery Charges in Tampa

At Buda Law, we understand the gravity of felony battery charges in Tampa and the impact they can have on your life. That’s why our experienced felony battery defense attorneys, led by attorney Andrew Buda, are committed to providing dedicated legal representation to mitigate the consequences you face and ensure your rights are protected throughout the legal process.

With a deep understanding of Florida’s criminal laws and a strategic approach to defense, we are here to help you handle your case effectively and work towards the most favorable outcome possible.

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To learn more about how Tampa criminal defense attorney Andrew Buda and his team can help, call Buda Law at (813) 322-2832 or reach out online to schedule a free consultation today. 

What is Felony Battery?

In Florida, felony battery is a serious criminal charge that occurs when an individual intentionally makes physical contact with another person in a harmful or offensive manner resulting in great bodily harm.

This charge is elevated from simple battery due to the severity of the injuries inflicted, the use of a deadly weapon, or the status of the victim, such as a law enforcement officer or a protected individual.

Unlike misdemeanor or “simple” battery, felony battery carries more severe penalties, including longer jail time, heavier fines, and more substantial long-term consequences on the convicted individual’s civil rights and future opportunities.

Tampa Felony Battery Defense Attorney

Florida Statutes § 784.03

Florida Statutes § 784.03 addresses the crime of felony battery in Florida. Under this statute, battery is defined as actually and intentionally touching or striking another person against their will or intentionally causing bodily injury to another individual.

Under this statute, the offender’s first offense will generally be classified as misdemeanor battery. However, if the individual has a prior conviction for criminal battery and commits a second or subsequent battery offense, the crime is elevated to a third-degree felony. Additionally, the statute addresses the offense of battery in furtherance of a riot, which is also classified as a third-degree felony.

Florida Statutes § 784.041

Florida Statutes § 784.041 also addresses felony battery as well as domestic battery by strangulation, both of which are classified as more severe forms of battery. According to this statute, felony battery occurs when a person causes great bodily harm, permanent disability, or permanent disfigurement to another by intentionally touching or striking them in some way. 

Felony domestic battery, on the other hand, occurs when a person knowingly and intentionally stops a romantic partner or family/household member from breathing or having normal blood flow via strangulation. This typically occurs by putting pressure on the alleged victim’s throat or neck or by covering their nose or mouth. 

Both are considered third-degree felony offenses in Florida.

Felony Battery vs. Aggravated Battery

Felony battery and aggravated battery are both serious criminal charges, but they differ in their definitions and the severity of the actions involved. Felony battery involves intentionally touching or striking another person, leading to them suffering a significant injury. It may also be charged if the offender has prior battery convictions.

Aggravated battery, on the other hand, occurs when the perpetrator intentionally inflicts serious bodily injury using a deadly weapon or targets a specific category of victim, such as a law enforcement officer or a vulnerable individual. Additionally, aggravated battery can involve actions that show a blatant disregard for human life, such as shooting or stabbing someone.

Although both charges carry significant legal consequences, including lengthy prison sentences, hefty fines, and long-term impacts on the offender’s civil rights and future opportunities, the penalties for aggravated battery in Florida are generally harsher than those for felony battery, reflecting the potential for greater harm or danger. 

Felony Battery in Tampa

Felony Battery Florida Sentencing

As previously mentioned, felony battery is a serious offense that carries substantial legal consequences, including lengthy imprisonment and significant fines. More specifically, a third-degree felony battery offense in Florida may result in up to 5 years in prison and $5,000 in fines.

If you’re facing felony battery charges, contact Tampa criminal defense attorney Andrew Buda from Buda Law as soon as possible. With his help, you can face these charges head-on and increase your chances of a more favorable outcome.

Other Battery Offenses in Florida

In addition to felony battery, there are a number of other battery offenses that one can be charged with in Florida. Simple battery, domestic battery, aggravated battery, and battery by strangulation are all recognized under Florida law, with varying degrees of penalties based on the nature and impact of the offense.

Simple Battery

Simple battery in Florida is defined as the intentional touching or striking of another person without their consent or causing bodily harm to another individual. It is the most basic form of battery, involving minor physical contact or harm that does not result in serious injury.

Under Florida Statutes § 784.03, simple battery is classified as a first-degree misdemeanor. While it carries less severe penalties than more serious battery offenses, it can still result in significant consequences, including up to $1,000 in fines, one year of probation, and a year behind bars.

While misdemeanor battery charges may not sound serious, they can leave a permanent mark on one’s criminal record if convicted. If you’re facing charges for simple battery, don’t wait – schedule a free consultation with Tampa misdemeanor defense attorney Andrew Buda today.

Domestic Battery

Domestic battery in Florida involves the intentional touching or striking of a family or household member without their consent or causing bodily harm to such an individual. Florida Statutes 741.28 provides information on what constitutes domestic violence and lists who is considered “family or household members.”

While domestic battery is typically classified as a misdemeanor (when it doesn’t involve strangulation), it can lead to enhanced penalties, including mandatory counseling, longer probation periods, and potentially longer jail sentences compared to simple battery.

If you’ve been charged with domestic battery, contact a Tampa domestic violence attorney from Buda Law to learn more about your legal options.

Aggravated Battery

Aggravated battery in Florida is a severe criminal offense that occurs when an individual intentionally causes great bodily harm, permanent disability, or permanent disfigurement to another person or uses a deadly weapon during the act.

Under Florida Statutes 784.045, aggravated battery is considered a second-degree felony punishable by a maximum 15-year prison sentence and $10,000 in fines. If the aggravated battery is committed against a law enforcement officer, the crime can be upgraded to a first-degree felony.

Battery by Strangulation

Battery by strangulation in Florida occurs when an individual intentionally and knowingly impedes the normal breathing or circulation of another person by applying pressure to the throat or neck or by blocking the nose or mouth. This is essentially the same as a domestic battery by strangulation, though it does not involve a romantic partner or family/household member.

According to Florida Statutes 784.031, anyone who commits this battery offense can be charged with a third-degree felony, which is punishable by up to five years in prison and fines costing up to $5,000.

Florida Felony Defense Attorney

Why You Need an Experienced Florida Felony Defense Attorney

An experienced Florida felony defense attorney understands what’s at stake when facing felony battery charges and can develop a strategic defense tailored to the specifics of your case. They can help you navigate pre-trial proceedings, negotiate plea deals, and vigorously defend your rights in court. This may include any number of defenses, from establishing reasonable doubt, challenging the prosecution’s evidence, or questioning the credibility of the alleged victim.

Not only that, but having a seasoned attorney on your side can provide valuable guidance and support throughout the legal process, helping to alleviate stress and increase the chances of a favorable outcome.

Call the Tampa Criminal Defense Attorneys at Buda Law Today for a Free Consultation

If you or a loved one is facing felony battery charges, the Tampa felony defense attorneys at Buda Law are dedicated to providing the skilled and strategic defense you need. We understand the challenges you are facing and are committed to fighting for your rights, building a strong case, and seeking the best possible outcome.

Call Buda Law at (813) 322-2832 to schedule a free consultation with one of our experienced criminal defense attorneys today.


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