TAMPA FELONY BATTERY DEFENSE ATTORNEY
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.
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.
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 Florida 3rd 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 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 1st degree misdemeanor in Florida. 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.
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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He has connections and relationships with the court systems, which are crucial in negotiations.
He’s definitely a good choice if you want professional representation. I called him a day before my court date he was on time and fully prepared and he worked with me financially as well. He has lots of information that is beneficial towards my case, helping to calm my nerves and also has connections and relationships with the court systems, which are crucial in negotiations in any case. I highly recommend Buddha law to anyone in need of a defense attorney.
– Former Client
His knowledge and experience exceeded my expectations.
Professional and excellent council. He made me feel like I was his only client. Very responsive to my needs and concerns. I highly recommend for your legal needs. His knowledge and experience exceeded my expectations.
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Amazing attorney. Always available and very compassionate! Andrew’s name came to us through word of mouth from an individual who stated he saved his life, so far looks like he’s doing the same for us! Highly recommended.
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Professional, honest, a straight talker, very responsive, good communication and was extremely efficient.
Andrew Buda was professional, honest, a straight talker, very responsive, good communication and was extremely efficient in representing my case turning a stressful case that resulted in a very favorable outcome. Would highly recommend!
– Cathi
Andrew got the charges dropped even before it could go to trial.
Mr. Andrew is one of the best lawyers you can find in the Tampa Bay Area. He is not gonna give you false promises, and he will get the job done. I have been to many lawyers before hiring him for my case. The other lawyers told me of the case going to trial and what not but Mr. Andrew got the charges dropped even before it could go to trial. The best thing about him is his ability to connect to his clients and connect with them in a personal level. For him it’s not simply a job, it is his passion to help people. He gave me discount as I was going through some hardships. I recommend him very strongly. He is a man of words and he’s also a role model for others to look up to.
– Habibur
They treated me as a person, not just a case number.
I had an exceptional experience with Buda Law Group. This group absolutely has the high-level of expertise and dedication required to assist you with your case. The attorneys stayed engaged and I valued their proactive communication. Recommendations were made for actions I could take to help with the final outcome. They treated me as a person, not just a case number. From the beginning to the end, I was treated with respect and genuine empathy, especially when navigating a complicated case.
– Mary
Their entire team seem to truly care about their clients.
My entire experience with Buda Law was absolutely 5 stars! After sending them a message on their website, within minutes I received a phone call from Attorney Julie Adue. Julie is absolutely phenomenal, was with me every step of the way, and answered all my questions throughout the process. Her knowledge and empathy really helped put my mind at ease, and have full confidence in who I chose to represent me. There was even a time I called the office and asked for Julie, and her paralegal, also named Julie was always so helpful! Highly recommend Buda Law overall, their entire team seems to truly care about their clients which isn’t always easy to come by!
– Alexa
He’s an outstanding lawyer and he’s passionate about helping those in need.
Thanks to Andrew my mom was able to get out a week before my wedding!! He’s an outstanding lawyer and he’s passionate about helping those in need. If I had to recommend someone an amazing lawyer it would be Andrew Buda best there is and best there’ll ever be. I appreciate what you did in the 2 days you had to collect the information and to win the case. Keep up the great work you are doing. From me and my family we thank you for ever!
– Abraham
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WHAT MAKES OUR DEFENSE SO EFFECTIVE?
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- We Prepare Every Case as if it's Going to Trial
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