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Battery
Recent Case Wins
Battery
(Touching or Striking required)
For the government to prove battery, they have to prove beyond every
reasonable doubt that you:
- Actually and intentionally touched or struck somebody and it was
against their will.
In Florida, the government does not have to prove the victim
sustained any kind of injury for a battery. However, the government
does have to prove more if you are charged with domestic battery,
felony battery, battery on a law enforcement officer, aggravated
battery, battery on a pregnant person, battery on a person 65 years
of age or older. Battery is an enhancement crime meaning the more
you do it, the worse the penalties get. Usually, the government will
charge felony battery if you have any prior battery convictions.
This is so even if the new offense, in a light most favorable to the
government, would only be a misdemeanor battery.
Recent Battery Case Wins
BATTERY - Not Guilty after Jury Trial
The client was accused of kissing a woman in an elevator. According
to the accuser, the client approached her in the elevator, told her
she had beautiful blue eyes, asked her if she was married and said
her husband was lucky. She went on to say that he grabbed her hand
and kissed it, and then kissed her on her mouth. The client
testified at trial that they did meet in the elevator. However, he
denied ever touching or kissing the accuser. He also testified that
she must be prejudice towards him because he is Hispanic and she is
white. The jury deliberated for less than ten minutes. Not Guilty
after jury trial.
ASSAULT & BATTERY- Not Guilty after Jury Trial on all counts
This case was a down-filed felony. He was initially arrested for
aggravated domestic battery, punishable by up to 15 years prison.
The allegation was that my client attacked his girlfriend and her
eight year old son. He chased her around the house with a five foot
pole. He wedged the pole between the door and the door frame, so the
door could not close. As the accuser was closing the door, he struck
her in the neck with the end of the pole. Her neck was injured. This
was all done in front of her son. At trial, the accuser was
cross-examined thoroughly about bias, motive to lie, and fabricating
evidence. Not Guilty on all counts, assault and battery.
DOMESTIC BATTERY - Not Guilty after Jury Trial based on
Self-Defense
The client had an argument with her husband. She told him a hit man
from Chicago was going to "snuff him out." She also complained that
he doesn't have sex with her. Her son tried to intervene. She
grabbed her son by the arm so she could continue to argue and
threaten her husband. She caused abrasions to her son's forearms.
Initially, the client was arrested for child abuse on her son, a
felony, and domestic battery on her husband. When the client grabbed
her son, her husband intervened. The client hit and scratched her
husband, injuring him. He had lacerations to his left cheek, neck,
left forearm and hand. The client denied anything occurred. At
trial, the defense was self-defense. Her husband grabbed her first
and she fought back. You have the right to defend yourself. The jury
agreed.
DOMESTIC BATTERY - Not Guilty after
Jury Trial
The accuser's side of the story: She told my client she was breaking
up with him. They argued. He told her they were "going to die
tonight." This was a classic reference to the "if I can't have you,
nobody will have you" argument. He was driving fast and wouldn't let
her out of the car. She tried to get out. He went crazy when she
said she was leaving him. She eventually got out and ran with her
daughter. She called 911. He slammed the phone down to the ground.
He hit her on the face by the right ear and her chest area. It is
undisputed that she had redness and a scratch mark on her body when
police arrived. At trial, the defense was self-defense. Yes, she had
marks, but she was the aggressor. Domestic battery is a
gender-biased crime. It seems the guy almost always goes to jail.
However, the jury found him not guilty.
DOMESTIC BATTERY - Not Guilty after
Trial
My client was the son of a famous jazz drummer who played with John
Coltrane. I love jazz, so this was an honor to defend him. The
allegation was he hit his wife on her right arm with a cane and
knocked her into the counter. He did push her away in self-defense.
She picked up a phone and tried to hit him with it. The theme of the
case was this is a he said, she said, with no visible injuries. He
used reasonable force to defend himself.
BATTERY - Not Guilty after Jury
Trial
The client allegedly hit his wife in the face. She called 911. She
had redness on her cheek area. Photos were taken. The client was
arrested right away without being able to tell his side of the
story. After arrest, the police found a vicodin pill. He did not
have a prescription for it. That felony charge was dropped. We went
to trial on the battery charge. We argued lack of evidence. It was a
he said-she said with virtually no visible injuries. The not guilty
verdict was a relief for the client.
If you are facing battery charges and need a Florida criminal
assault and battery attorney, call me...
Contact Grey Tesh
Florida Battery Defense Lawyer
Assault and Battery Defense Attorney
aaacriminaldefense.com has its principal
office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr.
Tesh represents clients charged with serious federal criminal
offenses before Federal Criminal Courts in Miami, Fort Lauderdale,
West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach,
Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts
throughout the United States of America.
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appeals. If convicted, you have only ten (10) days in Federal Court,
as opposed to thirty (30) days in Florida, to file a notice of
appeal. If you want to appeal a conviction, you must contact a
Federal criminal appeals attorney immediately as time is of the
essence.
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