Florida Battery Crime Lawyer

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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