It's an anxious phone call no parent wants to receive - your child has been arrested for battery after an altercation at school. Suddenly, you face multiple issues that may impact your child’s future.
- Will your child be expelled and unable to finish their education?
- Will your child be convicted and go to jail?
- Will your child be able to live the life they’ve been working toward?
At the Law Offices of Robert David Malove, our experienced South Florida criminal defense attorneys understand the legal issues, intense emotions, and high stakes of campus assault charges. We're here to provide the legal guidance you need to protect your child’s rights and achieve the best possible outcome. We know that facing these charges can be overwhelming and frightening for students and their families, but you don't have to navigate this difficult time alone. Our team is committed to providing skilled legal representation and the support and advocacy you need.
Florida School Violence Laws
In Florida, battery charges involving students fall under the state's school violence laws. These statutes provide enhanced penalties for certain crimes committed on the property of K-12 schools, colleges, and universities.
The specific battery charges and penalties depend on the circumstances of the incident, and may include:
- Simple battery. A simple battery is the intentional touching or striking of another person against their will or touching that causes bodily harm. In an educational setting, this is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.
- Felony battery. A simple battery becomes a third-degree felony if the defendant has a prior battery conviction or the victim suffers significant bodily harm. Felony battery penalties include up to five years in prison and a $5,000 fine.
- Aggravated battery. An aggravated battery occurs when there is intentional touching that causes great bodily harm, permanent disability, or permanent disfigurement, or when a deadly weapon is used. This is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.
It's important to note that school violence laws apply to altercations with other students and incidents involving teachers, administrators, or other school employees.
Penalties for Battery on School Personnel
The law provides harsher punishments when the victim is a school official or employee. Specifically, Florida Statute 784.081 increases the penalties for battery and aggravated battery on an elected official or employee of a:
- Florida school district
- Florida private school
- Florida School for the Deaf and the Blind
- University lab school
- State university
- Any other entity of the state system of public education
If you or your child is convicted of battery on a school official or employee, the charge increases from a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine, to a third-degree felony, punishable by up to five years in prison and a $5,000 fine. An aggravated battery charge increases from a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine, to a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine.
The School Disciplinary Process
In addition to criminal charges, students accused of battery often face disciplinary proceedings under their school's code of conduct. These proceedings can result in serious academic consequences, including suspension or expulsion.
While school disciplinary hearings may seem less formal than a criminal trial, taking them seriously is crucial. The outcome can significantly impact a student's academic career and future opportunities.
During this process, it is essential to:
- Understand the school's procedures. Each institution has its own disciplinary process. It’s essential to follow the procedures and protect your child’s rights at each stage of the proceedings.
- Gather evidence. Even though the school proceedings are not criminal, you may need to investigate the incident, interview witnesses, and collect relevant evidence to build a strong defense.
- Prepare for hearings. Disciplinary hearings can be formal proceedings. You will need to prepare statements and be ready to present your case.
Remember, while school disciplinary proceedings are separate from the criminal justice system, the two can influence each other. The evidence used in one may be relevant to the other, and both outcomes are important to your child’s future.
What to Expect in the Criminal Justice System
After an arrest for battery on school property, the criminal case will proceed through the Florida court system. The student will be arraigned, where they will enter a plea of guilty, not guilty, or no contest. If the case is not resolved through a plea bargain, it will proceed to trial.
Throughout this process, having an experienced criminal defense attorney is crucial. At the Law Offices of Robert David Malove, we:
- Conduct a thorough investigation. This includes reviewing police reports, interviewing witnesses, and gathering evidence to build a strong defense.
- Identify weaknesses in the prosecution's case. An experienced attorney will scrutinize the evidence against your child, looking for inconsistencies, violations of their rights, or other factors that could lead to a dismissal or acquittal.
- Negotiate with prosecutors. In many cases, a favorable plea bargain can be reached, reducing the charges or potential penalties in exchange for a guilty plea.
- Advocate at trial. If the case goes to trial, your lawyer will present a compelling defense, cross-examine witnesses, and fight for a not guilty verdict.
The goal is to achieve the best possible outcome, whether that's an outright dismissal, an acquittal at trial, or a favorable plea deal that minimizes the consequences. We will tell the true story of what happened and fight hard to protect your child’s future.
What Else Could Happen if Your Child is Convicted of Battery on School Grounds?
Beyond the immediate consequences of jail time, fines, and school discipline, a juvenile battery conviction can have lasting ramifications for a student's future. A criminal record can affect:
- College admissions
- Scholarship eligibility
- Professional licensure
- Employment prospects for years to come
This is why it's so crucial to mount a vigorous defense from the very beginning. At the Law Offices of Robert David Malove, our South Florida criminal defense lawyers are committed to doing everything in our power to help students move past a battery arrest and protect their future.
Depending on the unique circumstances of your case, we may be able to:
- Negotiate a favorable plea deal. In some situations, negotiating with prosecutors for reduced charges or alternative sentencing can lead to a more positive resolution that minimizes the long-term impact.
- Pursue pretrial diversion. For first-time offenders accused of minor incidents, pretrial diversion programs may provide a path to avoid a conviction altogether. These programs typically involve completing community service, counseling, or other requirements in exchange for the dismissal of charges.
- Fight for dismissal or acquittal. If the evidence against your child is weak, your rights were violated during the arrest, or we believe your child has a strong case for self-defense or another justification, we'll aggressively pursue a dismissal of the charges or a not guilty verdict at trial.
- Advocate for your rights. We'll be by your side throughout the process, ensuring your child’s rights are protected and their voice is heard. We'll work tirelessly to achieve the best possible outcome and help your child move forward with their life.
No two school violence cases are exactly alike, and the most effective strategy will depend on your individual circumstances. That's why our experienced attorneys take the time to listen to your child’s story, understand their unique needs and goals, and develop a tailored defense plan to fight for the best possible resolution to protect the future you’ve worked so hard to help them build.
