how long do you have to stay in jail in florida for battery before seeing a lawyer

Will I go to jail for battery in Florida?

Unlike other misdemeanors, prosecutors in Florida do frequently seek jail sentences or probation sentences for even first time battery offenders.

What are the laws for simple battery in Florida?

Simple Battery Charges Under Florida Law. In Florida, battery is governed by Section 784.03 of the state’s statutes. You can only be convicted of misdemeanor battery if the prosecution can prove, beyond a reasonable doubt, that each element of battery was present in your actions. Specifically, the state must prove:

Do I need a lawyer for domestic violence battery in Florida?

In Florida, domestic violence battery is one of the most defendable charges in all of criminal law, and a decision to plead should not be made without a lawyer thoroughly reviewing your case and considering all of your legal options. Some of the most common defenses include:

What are the penalties for aggravated assault and battery in Florida?

A person convicted of aggravated assault faces a third-degree felony and up to five years in prison and a $5,000 fine. Stiffer penalties can apply if the deadly weapon was a firearm or the assault was committed in furtherance of a riot. Aggravated battery occurs if the offender:

How long do you go to jail for battery in Florida?

one yearA person who commits battery in the state of Florida is guilty of a first-degree misdemeanor punishable by up to one year in jail and/or 12 months of probation and a $1,000 fine.

What is the jail time for felony battery in Florida?

Penalties for Felony Battery In Florida, the crime of Felony Battery is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.

How long can you be held in jail without seeing a judge?

As a general rule: If you're placed in custody, your "speedy trial" rights typically require the prosecutor to decide charges within 72 hours. Many states adhere to this 72-hour limit. Sometimes, no charges are filed, and you will be released.

What is the Florida statute for battery?

Intentionally causes bodily harm to another person. (b) Except as provided in subsection (2) or subsection (3), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

What happens if you get charged with battery in Florida?

Under Florida law, Simple Battery (Misdemeanor Battery) is a first degree misdemeanor, with penalties of up to one year in jail or 12 months probation, and a $1,000 fine. Battery is a highly defendable charge, and an attorney is critical to avoiding the harsh consequences of a conviction.

Can battery charges be dropped in Florida?

You can get domestic battery charges dropped; however, it can be very difficult and your options depend on the circumstances of your case.

How long can you be held in jail before seeing a judge Florida?

within 24 hoursFlorida law requires that arrestees must go before a judge within 24 hours of their arrest. At this appearance, the judge determines whether probable cause existed to arrest the person in question.

How long can you be held in jail without being charged in Florida?

Typically, when a citizen is arrested for a criminal charge, they can only be held for 30 days without being charged before they must be released. A charge is necessary for a bond hearing to take place in these scenarios, which essentially means that they can be held for 30 days without bond in Florida.

How long does it take to get a court date for a felony in Florida?

Defendants who bonded out of jail quickly or who were served a notice to appear in lieu of arrest appear in court for the first time at their arraignment hearing. For people who were arrested and taken to jail, their arraignment date is typically 3-4 weeks after their arrest.

Is battery a felony in FL?

DEFINITION, PENALTIES, AND DEFENSES In Florida, Felony Battery is any intentional and unconsented touching or striking, which results in great bodily harm to another person or which occurs after a previous conviction for battery. The offense is a third degree felony, with maximum penalties of up to 5 years in prison.

What is charge with battery?

When someone commits battery, it is often their intention to harm someone and they are successful in carrying this out physically. Your assault charges will include battery if your crime goes beyond intending or attempting to harm someone and you cause a physical injury to another person.

Is assault and battery a felony in FL?

Penalties for Simple Assault and Battery in Florida assault increases to a first-degree misdemeanor (up to a year in jail and $1,000 fine), and. battery increases to a third-degree felony (up to five years in prison and a $5,000 fine).

How long is a simple battery in Florida?

Simple or misdemeanor battery is classified as a first degree misdemeanor in Florida. Thus, the penalties can include up to a year in jail, or a probationary sentence not to exceed one year. Unlike other misdemeanors, prosecutors in Florida do frequently seek jail sentences or probation sentences for even first time battery offenders.

What does "batteries" mean in Florida?

In Florida, the term battery means: Any actual and intentional touching or striking of another person against that person’s will (non-consensual), or. The intentional causing of bodily harm to another person. Fla. Std. Jury Instr. (Crim) 8.3.

What are the defenses to a misdemeanor battery?

Defenses to Misdemeanor Battery. Battery is one of the most defendable charges in all of criminal law. Some of the most common defenses include the following: Self-Defense; Defense of Others; Defense of Property; Consent (touching not against alleged victim’s will); Mutual Combat;

What factors determine if a person is in jail?

Whether jail is sought will depend on a number of factors, including the prior criminal record of the accused, the status and preferences of the alleged victim, the existence of injuries, the need to seek restitution, the strength of the prosecution’s case, and whether the accused is represented by an attorney.

Is touching at issue a violation of battery in Florida?

In all Florida prosecutions, it is a required element of battery that the touching at issue occur without the consent of the alleged victim, or “against the person’s will.”. This issue frequently arises in cases where two people engage in a fight, or “mutual combat.”.

Does an accused have to injure the alleged victim?

To commit the crime of misdemeanor battery, an accused does not have to injure the alleged victim. The intentional touching against another person’s will is sufficient. In fact, where the allegation is that the touching was against the alleged victim’s will, the existence or extent of injury becomes irrelevant.

Can a prosecution pursue a charge of battery domestic violence without the consent of the alleged victim?

One of the most pervasive myths in all of criminal law is that the prosecution cannot pursue a charge of battery or battery domestic violence without the consent or cooperation of the alleged victim. The myth is typically expressed as follows:

How long is a 3rd degree felony in Florida?

Penalties for a third degree felony (aggravated assault) in Florida. A person convicted of a third degree felony faces the following penalties: up to five years in prison. a fine up to $5000. probation up to five years, and. restitution. (Fla. Stat. § § 775.082, 775.083).

What happens if a battery results in great bodily harm or permanent disability or disfigurement to the victim?

If a battery results in great bodily harm or permanent disability or disfigurement to the victim, the offender is guilty of a felony battery, whether or not he intended to cause such serious injury.

What are the penalties for a second degree felony in Florida?

A person convicted of a second degree felony in Florida faces the following penalties: up to fifteen years in prison, minimum of three years if assault is against a law enforcement officer. a fine up to $10,000.

What is aggravated assault in Florida?

Florida Aggravated Assault and Battery Laws. Aggravated assault is an assault with a deadly weapon or with the intent to commit a felony. Assault does not require an intent to injure, only the intent to cause the victim fear of an immediate attack. Defend your rights.

How does a felony affect your life?

A felony conviction will seriously impact your life. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. In certain circumstances, a felony conviction also can result in loss of a professional license. Felons who face criminal charges later may find that the new charges can be enhanced because of their prior conviction (s). If you are convicted later of another crime, a felony record also can subject you to a harsher sentence in the new case.

How long is a first degree felony?

Penalties for a first degree felony (aggravated battery against a special victim) The penalties for a first degree felony are: up to thirty years in prison, minimum of five years in prison if victim is a law enforcement officer. a fine up to $10,000. probation up to thirty years, and.

Does assault require intent to injure?

Assault does not require an intent to injure, only the intent to cause the victim fear of an immediate attack. For example, pointing a handgun at another person to scare him or her is considered aggravated assault. (Fla. Stat. § 784.021).

How Long Do You Go to Jail for Domestic Violence in Florida?

Have you been arrested for domestic violence charges in Florida? If so, you are most likely facing time behind bars if you are convicted. Under Florida law, judges must impose mandatory minimum jail sentences for those convicted of first-degree misdemeanor domestic battery.

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How long can you go to jail for battery?

For instance, a judge in a simple battery case can sentence a defendant to thirty days in jail and eleven months on probation.

What happens if you are charged with assault in Florida?

If you are facing a charge of assault or battery in Florida, you'll benefit from having an attorney investigate the case and determine if you were wrongfully charged or there are other reasons why the case should be dismissed before trial.

What is the restitution for assault in Florida?

A person convicted of assault or battery in Florida is required to pay restitution, which means reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling.

What is simple assault and battery?

For simple assault and battery, the act of threatening another or striking another must be intentional, rather than an accident or a joke among friends. But although the motion must be intentional, no specific intent to injure the other person is required, even for simple battery. This article discusses simple assault and battery in Florida.

What is battery in a fight?

Battery is actual offensive physical contact, such as punching another person or hitting someone with an object. Striking another person with a fist during an argument and pushing someone are straightforward examples of battery. A more unusual example is grabbing and ripping someone's clothing in anger.

Can a misdemeanor be a permanent record?

A conviction for a misdemeanor or felony becomes part of your permanent criminal record, which can have a serious impact on your life. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. A criminal record—even a misdemeanor conviction, and particularly a conviction for a violent crime—can hurt you when you are looking for a job or applying to rent a house or apartment.

Is simple assault a felony?

Simple Assault and Battery – Misdemeanor or Felony? Simple assault in Florida is a second degree misdemeanor. Simple battery is a first degree misdemeanor. Assault against certain victims, such as police officers, the elderly, and school employees is a first degree misdemeanor; and battery against these victims is a third degree felony.

How much is the penalty for domestic battery?

Domestic Battery is classified as a first degree misdemeanor, with penalties that may include up to one year in jail or twelve months probation, and a $1,000 fine.

When to address domestic battery charges?

Domestic Battery charges are most effectively addressed at the earliest stages of the case, before formal charges are filed. Even when a ‘no contact’ order has been imposed, an attorney can contact the alleged victim to see if he or she wishes to pursue the charge.

What is domestic violence in Florida?

Under Florida law, Domestic Violence Battery is defined as any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person, when the person struck is a “family or household member.”

Why do you need a private attorney?

One of the key advantages of hiring a private attorney is the ability to make early contact with the prosecution. The early presentation of factual defenses, legal issues, and mitigating circumstances can have a dramatic impact on the State’s decision to move forward with a domestic battery charge.

How long is the BIP in Florida?

Due to the ‘domestic’ nature of the crime, the accused will face additional mandatory penalties under Chapter 741, Florida Statutes, including: Completion of a 26 week Batterer’s Intervention Program (BIP); 12 months of probation;

Can a domestic violence charge be sealed in Florida?

Under Florida law, a person who commits an act of domestic violence battery or any other domestic-related crime of violence, as defined in Section 741.28, Florida Statutes, is ineligible to have his or her record sealed or expunged, regardless of whether adjudication is withheld.

Does domestic violence result in trial?

For this reason, both the defendant and the attorney must show resolve and trial-readiness for the duration of the case. In some cases, being ready, willing, and able to proceed to trial can itself play a major role in having a charge dropped, reduced, or diverted.

What Is Domestic Battery in Florida?

Domestic battery is one type of domestic violence crime. It involves the crime of battery committed against someone that the state considers a “family or household member” of the accused.

Defenses to Domestic Battery in Florida

In many situations, domestic battery cases arise out of a misunderstanding between two people that care for each other deeply. Still, these charges can result in serious consequences if you don’t properly address them.

Contact a Florida Domestic Battery Lawyer Today

At Orlando Defense, we have the experience necessary to represent you against charges of domestic battery.

Jeff Higgins

Jeff began his career as an assistant public defender in Lake County, Florida. Jeff works to make sure that his clients understand the legal process, understand their rights, and fully understand their choices before making any decisions about their case.

How long can you stay in jail if you can't afford bail?

How long do I have to stay in jail if I can't afford bail? Depending on the reason you were placed in jail and the amount of bail you have on your record, you can be stuck in jail for anywhere between a week to years.

How long can you be in jail if you don't pay bail?

However, if you do not pay your bail money, you can expect to be in jail until the end of your hearing has been completed, which can be weeks to months or even years. Some bail amounts can be as high as a thousand dollars or more in some cases.

What to do if you end up calling a bail bond agent?

Call today to see what we can do for you. If you do end up calling a bail bond agent they will usually meet up with you at the jail bringing all the paperwork necessary to get you out; you'll be able to sign the papers and the bail bondsman will worry about everything else and get you home to your family. You will still have to pay ...

What to do if you are stuck in jail?

If you are stuck in jail and don't have a way to pay off your bail, it might be wise to start looking for help, besides you don't know how long you will be stuck awaiting your trial. Some of the people you can ask for some extra cash to pay off your bail is family, close relatives, and friends.

How to contact Sportsman Bail Bonds?

We do our best to get you results fast. You can call us at 801-623-6877 or contact us online.

How long does it take to get a trial completed?

With that being said, trials are going on every day all around the world, and it's hard to get your trial completed within a week. You will usually be stuck in jail until the end of your hearing if you are unable to post bail.

Do bail bonds pay the court?

A bail bond agent will have you pay only a fraction of the cost for a bond, and they will pay the rest to the court. The only thing is you won't be getting the money back after you've shown up to court for your trial. Instead, the bail bond company will use the fraction as part of your payment for using them.