Were you charged with battery in Lakeland, FL? Thomas C. Grajek, Attorney at Law can help. Whether you have been charged with a misdemeanor or a felony, Attorney Grajek can assist you with your criminal matter.
Attorney Grajek has spent his entire career protecting his clients in criminal court. He is an experienced lawyer prepared to take on even the most challenging case. Attorney Grajek is not afraid to argue your case to a jury and stand up to the prosecutor on your behalf.
Call Thomas C. Grajek, Attorney at Law to talk with a Lakeland battery attorney during a consultation at (863) 688-4606.
How Thomas C. Grajek, Attorney at Law Can Help If You Are Arrested For Battery In Lakeland
If you are arrested for battery in Lakeland, Florida, Thomas C. Grajek, Attorney at Law will present a strong defense to the charges. We have helped our clients avoid jail time and criminal convictions, securing the best possible outcome in their cases.
Additionally, Attorney Grajek has decades of experience and has been recognized by The National Trial Lawyers as a “Top 100” lawyer, the National Association of Criminal Defense Lawyers, and other reputable state and national organizations for his accomplishments.
If you hire Attorney Grajek to defend you, he will:
- File a bond motion to get you out of jail
- Explain the charges and penalties
- Investigate the case
- Review the prosecutor’s evidence
- File pretrial motions
- Represent you at every court hearing
- Negotiate with the prosecutor to dismiss or reduce the charges
- Represent you at trial
If you are convicted, Attorney Grajek will argue for a lenient sentence and to avoid jail time. Unfortunately, many people mistakenly believe that they can handle the case on their own. Criminal court is confusing, and people who hire lawyers typically have better outcomes. Don’t wait to call a Lakeland criminal defense attorney today for a consultation.
What Is The Difference Between Assault And Battery?
Assault and battery are two crimes that are commonly charged together. Many people conflate assault and battery as meaning the same thing. However, assault and battery are two separate offenses.
A battery is the unlawful touching of another person without their consent. A battery may cause injury, but injury is not always a necessary element of the crime. Depending on the severity of the offense, a battery can be either a misdemeanor or a felony.
On the other hand, an assault is an action that causes another person reasonable fear of harm. An assault doesn’t have to include physical touching. A perfect example of an assault is a threat of imminent violence coupled with the ability to carry out the threat. Like a battery, an assault can be either a felony or a misdemeanor, depending on the severity of the offense.
Different Types Of Battery In Florida
There are several different types of battery charges in Florida. A Lakeland battery lawyer can explain your charges and the elements. The prosecution must prove each element beyond a reasonable doubt in order to secure a conviction.
Simple Misdemeanor Battery
A person is guilty of simple battery if they intentionally touch or hit someone without consent. They can also be found guilty if they cause someone bodily injury. This charge is a first-degree misdemeanor and the least serious type of battery.
Domestic Battery And Domestic Battery By Strangulation
There are two types of domestic battery in Florida. Basic domestic battery is when someone commits a simple battery against a family or household member or a domestic partner. This is a class 1 misdemeanor.
The second type is domestic battery by strangulation. This is a third-degree felony and is much more serious. It happens when someone intentionally impedes another’s breathing or blood circulation by applying pressure to the neck or blocking the nose or mouth. This action must cause a risk of, or actual, great bodily harm.
Aggravated Battery
Aggravated battery is a second-degree felony. Someone commits aggravated battery if they intentionally cause another person:
- Great bodily harm
- Permanent disability OR
- Permanent disfigurement
They can also commit aggravated battery by using a deadly weapon or committing battery against a pregnant woman whom they knew or have reason to know was pregnant.
Felony Battery
A person is guilty of felony battery if they intentionally touch or hit someone against their will and cause:
- Great bodily harm
- Permanent disability OR
- Permanent disfigurement
This charge is a third-degree felony.
Sexual Battery
Sexual battery is a broad term that encompasses a variety of sex crimes.
On the most basic level, someone commits a sexual battery when they perform a non-consensual sexual act on another person. It can also include forcing the other person to perform a non-consensual sexual act on them. Sexual battery generally includes non-consensual touching or penetration involving the sexual organs.
Sexual battery is an extremely serious crime. Depending on the allegations, it can be a first or second-degree felony.
What Are The Penalties For Battery In Lakeland, FL?
The prosecutors in Lakeland, FL, take battery seriously. You may face serious penalties, including jail time, fines, probation, and collateral consequences. The exact penalty depends on how the charge is classified.
Simple Misdemeanor Battery
Simple battery is a class one misdemeanor punishable by up to a year in jail. The court may also impose a fine of up to $1,000 and probation.
Domestic Battery And Domestic Battery By Strangulation
Domestic battery is a class one misdemeanor that also carries up to a year in jail and a $1,000 fine. If there is bodily injury, you will get at least 5 days in jail. Additionally, you may be ordered to complete a 26-week intervention program, be subject to probation, and a no-contact order with the victim.
Domestic battery by strangulation is a third-degree felony. You could receive up to 5 years in prison and up to $5,000 in fines. You may have an additional probationary period, a no-contact order, and mandatory batterer’s intervention classes.
Aggravated Battery
Aggravated battery is a second-degree felony carrying up to 15 years in prison. There is also a maximum $10,000 fine. If you had a gun at the time of the offense, there is a 10-year mandatory minimum in addition to your other punishment.
Felony Battery
Felony battery is a class three felony carrying up to 5 years in prison and a $5,000 fine. You could also have a five-year probationary period.
Sexual Battery
The punishment for sexual battery varies greatly. It can carry anywhere between up to 15 years and life in prison. The most serious prison time is reserved for adults who commit a sexual battery against a minor. If committed by an adult against a minor, sexual battery can carry up to 30 years in prison. If there is a serious injury to the victim or a threat with a deadly weapon, there is a mandatory minimum of 50 years in prison.
Other consequences of sexual battery include probation and having to register as a sex offender.
Collateral Consequences
If you are convicted of a felony, you will also face collateral consequences. These consequences may last months or years after you are released from jail. Some of the collateral consequences of a felony conviction include:
- Loss of the right to vote
- Loss of the right to own or possess a firearm
- Permanent criminal record
- Ineligibility for certain public benefits
- Difficulting finding housing
- Difficulting maintaining employment
- Immigration consequences
- Inability to secure loans
- Social isolation and stigma
- Loss of child custody
You can discuss the potential penalties, including the collateral consequences, with a Lakeland battery lawyer. Talking with a lawyer is the best way to make sure that you are prepared in case of a conviction.
What Defenses Can Be Raised If I Am Being Accused Of Battery?
The best defense in your battery case depends on the type of battery charge and the details of your case. Remember, the prosecution must prove you are guilty beyond a reasonable doubt. A strong defense doesn’t always need to be complex and may be poking holes in the prosecutor’s case.
The most common battery defenses are:
- Self-defense
- Defense of others
- Defense of property
- Consent
- Lack of intent
- Lack of injury
- Mutual combat
- Insufficient evidence
- Lack of domestic relationship
- Constitutional violations
With a complete defense, the case will be dismissed, and you will not be convicted of the battery charges. However, some defenses are partial defenses. This means that if successful, the charge may be reduced to something with less serious consequences.
Schedule A Case Evaluation With Our Lakeland Battery Lawyers
The first step in your battery case is to talk to a lawyer. Schedule a case evaluation with a Lakeland battery lawyer at Thomas C. Grajek, Attorney at Law today.
During the case evaluation, we can discuss the charges, details of your case, and our law firm. It is a low-pressure meeting and an opportunity to learn more about your legal options. The sooner you speak with an attorney, the sooner you can fight back against the battery charges.
Our criminal defense law firm in Lakeland also provides:
- Assault Defense Attorneys in Lakeland, FL
- DUI Defense Attorneys in Lakeland, FL
- Lakeland Domestic Violence Lawyers
- Drug Crimes Lawyers in Lakeland, FL
- Federal Crimes Lawyer in Lakeland, FL
- Lakeland Juvenile Crimes Lawyers
- Probation Violation Lawyers in Lakeland, FL
- Theft Crimes Lawyers in Lakeland
- Gun Crimes Attorney in Lakeland
- Injunction Lawyer Attorneys in Lakeland
Visit Our Criminal Defense Law Office in Lakeland, FL
Thomas C. Grajek, Attorney At Law
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606
