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Trusted Defense Representation Against Battery Charges

Violent crime charges come with significant criminal penalties as well as a social stigma. People may assume the worst of you without knowing the details of the allegations or whether they are true. For this and many other reasons, it is critical to respond to battery charges quickly and with the help of an experienced attorney.

In southwest Florida, the firm to contact is the Lee Viacava Law Firm. Our attorney, Lee Viacava, brings more than 14 years of experience to your case. He will work tirelessly to defend your rights and freedom while also trying to safeguard your privacy.

Battery Charges Under Florida Law

While they are often used interchangeably, assault and battery are not the same thing. Florida law essentially classifies assault as the threat of violence (in words or actions). By contrast, battery involves intentional physical contact with the alleged victim without consent and against their will.

There are three classes of battery: simple battery (which is a misdemeanor), felony battery and aggravated battery. The latter typically involves the use of a deadly weapon and serious injury to the victim.

Battery charges are often specified (beyond the categories listed above) by the type of victim or circumstances involved. Attorney Lee Viacava can defend you against any type of battery charge or accusation, including:

  • Aggravated battery against a pregnant person
  • Battery with a deadly weapon
  • Battery causing great bodily harm
  • Child abuse
  • Domestic violence battery
  • Domestic violence battery by strangulation
  • Sexual battery

The charges you face are increased if the alleged victim was an on-duty law enforcement officer, firefighter or emergency medical care provider.

Crafting A Defense To Battery Charges

It is possible in some cases to deny that you ever touched or harmed the victim. In many cases, though, you would likely use what’s called an “affirmative defense.” That means you admit to making contact with the victim but claim that your actions were necessary/justified, accidental or consensual. Affirmative defenses to battery can include:

  • Self-defense because you were attacked or were credibly threatened with attack
  • Defense of another person
  • Defense of your personal property

The arguments we use in your case will depend on the specific charges, the evidence against you and the overall defense strategy. Suffice it to say, however, that you likely have more defense options than you realize.

Contact Us For A Private Consultation About Your Case

The Lee Viacava Law Firm is based in Fort Myers and serves clients throughout southwest Florida. To speak with our attorney about your legal options in a private and informational consultation, call us at 239-990-2667 or reach out online.