Pursuant to Florida Statute 784.041, and a third degree felony punishable by up to 5 years in the Florida Department of Corrections, felony battery differs from misdemeanor battery because the victim is alleged to have suffered great bodily harm, permanent disability, or permanent disfigurement. The biggest mistake that people make when charged with this crime, is they delay the hiring of an attorney. This is a CRITICAL mistake and can often result in the destruction of certain pieces of evidence. For example, most battery cases begin by someone calling 911 to report an altercation. The police then arrive on the scene and try to put the pieces of the puzzle together and determine who the primary aggressor was and the extent of the injuries to the parties.
Anytime our office is hired on a felony battery case, we immediately begin a thorough fact gathering mission with our investigators obtaining as much evidence as quickly as possible. Depending on the location of the altercation we attempt to unearth witnesses, physical evidence like surveillance cameras and 911 calls, as well as police reports. Remember, that an arrest does not equal a conviction. A police officer will make an arrest based upon probable cause that a crime was committed. The state attorney will make the ultimate decision on what charge(s), if any, to file in our case. The state attorney realized that the crime must be proven beyond a reasonable doubt, the highest standard in our criminal justice system.
The time between your arrest and the arraignment date, on a pending felony battery case, is absolutely critical. When our office gets retained we act as your mouthpiece, explaining our version of the events in an attempt to convince the state attorney that their case can’t be proven beyond a reasonable doubt. In situations where a battery actually occurred, we still need to determine if the victim’s injuries are provable under the law. There is a big difference between a possible 5 year state prison sentence and a county jail sentence.
In all felony cases, especially felony battery cases, we are entitled to take depositions of any person listed on the state attorney’s discovery documents. A deposition in a criminal case is an opportunity for us to flush out the facts of the particular case and an excellent time to look into inconsistent statements between witnesses, victims, and law enforcement. In many felony battery cases, alcohol or controlled substances are a factor in irrational behavior. It is not uncommon for our client and the “victim” to have been under the influence at the time of the incident. Lack of memory, perception, and injuries could result in the state attorney dropping the charges or in the filing of a reduced misdemeanor battery charge.
Contact our office immediately by clicking the icon above “click to call” and immediately get in touch with an attorney. We are available 24/7 to assist you in our time of need. We have the experience and patience to get you through this process.