Every battery charge must be taken seriously—even if you don't have a prior record or you believe the situation is just a simple misunderstanding. Without a plan to proactively address the charges, you risk having your future jeopardized by jail time, hefty fines, and the negative personal and professional consequences of a criminal record.
At The Law Offices of Robert David Malove, we've seen firsthand what can happen when defendants simply hope for the best instead of actively building a defense. When you work with our Fort Lauderdale battery defense team, we'll investigate all available options to develop the strongest possible defense and minimize any potential negative outcomes.
YOUR FREEDOM IS AT STAKE: Time is critical in battery cases. Evidence disappears, witnesses forget details, and prosecution builds their case daily. Don't wait to protect your rights. Contact our Fort Lauderdale battery defense attorneys immediately for your free consultation.
What Should I Do If I'm Arrested for Battery?
Critical Steps to Protect Your Rights
- Exercise your right to remain silent - Anything you say can and will be used against you
- Request an attorney immediately - Do not answer questions without legal representation
- Do not consent to searches - Make police obtain warrants when required
- Do not resist arrest - Even if you believe the arrest is unlawful
- Contact an experienced Fort Lauderdale battery defense lawyer as soon as possible
Building Your Battery Defense
An experienced battery defense lawyer will:
- Review all evidence including police reports, videos, and witness statements
- Investigate potential constitutional violations during arrest or search
- Challenge improper police procedures or evidence collection
- Negotiate with prosecutors for reduced charges or alternative sentencing
- Provide aggressive trial advocacy if your case goes to court
Remember: The prosecution has unlimited resources to build their case against you. You need experienced advocates fighting for your rights.
Battery Charges We Handle in Fort Lauderdale
Our knowledgeable and experienced criminal trial attorneys are equipped to handle a wide range of battery charges within Florida:
Simple Battery Defense
Simple battery charges are first-degree misdemeanors that carry serious consequences—especially if you have a previous conviction on your record. However, these charges can sometimes be bargained down to a lesser offense or dismissed entirely.
Aggravated Battery Defense
Aggravated battery is a second-degree felony involving great bodily harm, permanent disability, or use of a deadly weapon. These serious charges require immediate, aggressive defense to avoid lengthy prison sentences.
Domestic Violence Battery
Domestic violence battery charges carry both criminal and civil consequences. In addition to potential jail time, you may face protective orders, loss of firearm rights, and family court implications.
Battery on Law Enforcement Officer
Battery against police officers, emergency medical personnel, or other protected individuals carries enhanced penalties and is typically charged as a felony with mandatory minimum sentences.
Felony Battery (Repeat Offender)
If you have a prior battery conviction, a new battery charge becomes a third-degree felony with potential prison time up to 5 years.
Related Violent Crime Charges
We also defend clients facing related charges including:
- Aggravated assault with or without deadly weapons
- Assault and battery combinations
- Battery during commission of other felonies
- Gang-related battery charges
Florida Battery Law: Understanding Your Rights
Constitutional Rights During Arrest
You have fundamental rights that police must respect:
- Right to remain silent - You don't have to answer questions
- Right to an attorney - Request a lawyer immediately
- Right against unreasonable search - Police need warrants or probable cause
- Right to due process - Fair treatment throughout the legal process
Elements of Battery Under Florida Law
For prosecutors to secure a battery conviction, they must prove:
- Intentional touching or striking - The contact was deliberate, not accidental
- Against the victim's will - The contact was unwanted or without consent
- Physical contact occurred - Actual touching, however slight, took place
- Intent to harm or offensive contact - Defendant intended the contact or harm
Florida Battery Classifications
Misdemeanor Battery
- Simple Battery: Up to 1 year jail, $1,000 fine
- Second-degree misdemeanor battery: Up to 60 days jail, $500 fine
Felony Battery
- Aggravated Battery: Up to 15 years prison, $10,000 fine
- Felony Battery (repeat offense): Up to 5 years prison, $5,000 fine
- Battery on LEO: Up to 5 years prison, $5,000 fine
Step-by-Step Battery Defense Timeline
| Stage | Timeline | Attorney Actions |
|---|---|---|
| Arrest & Booking | Day 1 | Advise silence, arrange bail, begin investigation |
| First Appearance | 24-48 hours | Argue for reasonable bail, challenge probable cause |
| Arraignment | 14-21 days | Enter not guilty plea, request discovery |
| Discovery & Investigation | 30-90 days | Analyze evidence, interview witnesses, hire experts |
| Pretrial Motions | 45-60 days | File motions to dismiss, suppress evidence |
| Plea Negotiations | 60-120 days | Negotiate reduced charges, alternative sentences |
| Trial | 6-18 months | Present defense, cross-examine witnesses |
Broward County Courts Handling Battery Cases
- Broward County Courthouse: 201 SE 6th St, Fort Lauderdale, FL 33301
- Criminal Justice Complex: 700 SE 3rd Ave, Fort Lauderdale, FL 33316
- North Regional Courthouse: 1600 W Hillsboro Blvd, Deerfield Beach, FL 33442
- South Regional Courthouse: 3245 College Ave, Davie, FL 33314
Common Battery Defense Strategies
Challenging the Evidence
Successful battery defense often involves challenging the prosecution's evidence:
- Illegal searches and seizures - Evidence obtained without proper warrants may be suppressed
![police violations]()
- Chain of custody issues - Improperly handled evidence can be excluded
- Witness reliability - Questioning witness credibility and memory
- Video evidence analysis - Surveillance footage often contradicts allegations
Constitutional Violations
Police and prosecutors must follow strict constitutional requirements:
- Miranda rights violations
- Unlawful detention or arrest
- Coerced confessions
- Denial of right to counsel
Affirmative Defenses
Depending on your case, applicable defenses may include:
- Self-defense or defense of others under Florida's Stand Your Ground law
- Lack of intent - accidental contact
- Consent - mutual combat or sports activity
- Mistaken identity
- Alibi - you were elsewhere when the alleged battery occurred
Plea Negotiations
Experienced lawyers can often negotiate favorable plea agreements:
- Reduced charges (felony to misdemeanor)
- Alternative sentencing (probation instead of jail)
- Anger management programs in lieu of conviction
- Deferred prosecution agreements
- Expungement eligibility
Florida Battery Penalties and Consequences
Immediate Penalties
Battery convictions in Florida can result in:
- Imprisonment: From days to years depending on charges
- Fines: Hundreds to thousands of dollars
- Probation: Court supervision with specific conditions
- Community service: Required volunteer work
- Restitution: Payments to victims for medical bills and damages
- Anger management: Mandatory counseling programs
Long-Term Consequences
A battery conviction creates lasting impacts beyond immediate penalties:
- Employment limitations - Many employers conduct background checks
- Housing restrictions - Landlords may deny rental applications
- Professional licensing issues - Impact on professional certifications
- Educational opportunities - College admissions and financial aid affected
- Immigration consequences - Deportation risk for non-citizens
- Loss of civil rights - Voting and gun ownership restrictions for felonies
- Firearm restrictions - Federal and state gun ownership prohibitions
Enhanced Penalties for Repeat Offenses
Florida has strict repeat offender laws:
- Habitual Offender: Enhanced sentences for repeat felonies
- Prison Releasee Reoffender: Mandatory minimums for certain repeat offenses
- Criminal Punishment Code points: Increased sentencing based on prior history
Frequently Asked Questions About Battery Defense
What should I do if I'm arrested for battery in Fort Lauderdale?
If arrested for battery in Florida: (1) Exercise your right to remain silent, (2) Request an attorney immediately, (3) Do not consent to searches, (4) Contact an experienced Fort Lauderdale battery defense attorney as soon as possible. Anything you say can be used against you in court.
What is the difference between simple battery and aggravated battery in Florida?
Simple battery is a misdemeanor involving intentional touching without consent, punishable by up to 1 year in jail and $1,000 fine. Aggravated battery is a felony involving great bodily harm, permanent disability, or use of a deadly weapon, punishable by up to 15 years in prison and $10,000 fine.
Can battery charges be dismissed in Florida?
Yes, experienced criminal defense attorneys can often get battery charges dismissed through self-defense claims, lack of intent, insufficient evidence, constitutional violations, and plea negotiations for reduced charges or diversion programs.
What are the penalties for battery in Fort Lauderdale?
Simple battery: up to 1 year jail, $1,000 fine. Aggravated battery: up to 15 years prison, $10,000 fine. Additional consequences include criminal record, loss of civil rights for felonies, professional license impacts, immigration consequences, and civil liability for damages.
How much does a battery defense attorney cost in Fort Lauderdale?
Battery defense attorney fees vary based on case complexity and charges. We offer free initial consultations and flexible payment plans. The cost of experienced legal representation is minimal compared to the potential consequences of conviction.
Will I go to jail for first-time battery charges?
Not necessarily. First-time simple battery offenders may be eligible for diversion programs, probation, or other alternatives to incarceration. However, aggravated battery charges carry serious prison time even for first offenses.
Should I take a plea deal or go to trial for battery charges?
This critical decision depends on evidence strength, potential penalties, and your specific circumstances. Our experienced attorneys will analyze your case thoroughly and advise you on the best strategy to minimize consequences and protect your future.
Why Choose Robert Malove for Your Battery Defense?
Decades of Criminal Defense Experience
Our lawyers have been defending clients in Fort Lauderdale and South Florida since 1982. Robert David Malove brings over 60 years of combined criminal trial experience to every battery case.
Proven Track Record
We've successfully defended thousands of battery cases in Broward County courts. Our reputation for thorough preparation and aggressive advocacy gets results for our clients.
Personal Attention to Every Case
As a local Fort Lauderdale firm, we provide personalized service that large regional firms cannot match. You'll work directly with experienced attorneys who understand local courts and prosecutors.
Comprehensive Defense Strategy
We investigate every angle of your battery case, challenge improper evidence, and fight for the best possible outcome. Our thorough approach often reveals defenses that less experienced attorneys miss.
Available When You Need Us
Battery charges don't happen on a schedule. We're available for emergency consultations and work quickly to protect your rights from the moment of arrest.
- Phone: (954) 861-0384
- Available for emergency consultations
- Free initial consultation
- Flexible payment plans available
- Over 60 years combined criminal defense experience
Areas We Serve
From our Fort Lauderdale, Fort Myers, West Palm Beach, Key West, and Fort Pierce offices, we serve clients throughout:
South Florida Counties![Malove defense team]()
- Broward County: Fort Lauderdale, Pompano Beach, Hollywood, Davie
- Palm Beach County: West Palm Beach, Boca Raton, Delray Beach, Jupiter
- Miami-Dade County: Miami Beach, Miami, Homestead
- Lee County: Fort Myers, Cape Coral, Bonita Springs
- Monroe County: Key West, Marathon, Islamorada
- St. Lucie County: Fort Pierce, Port St. Lucie
Courts We Practice In
- Broward County Circuit Court
- Palm Beach County Circuit Court
- Miami-Dade County Circuit Court
- Federal District Court for the Southern District of Florida
- Florida District Courts of Appeal
Contact Our Fort Lauderdale Battery Defense Team Today
Your freedom and future are at stake. Don't wait to protect your rights. Time is critical in battery cases - evidence disappears, witnesses forget details, and the prosecution builds their case every day.
Free Consultation Available
We offer free consultations to all battery defendants. During your consultation, we'll:
- Review the charges against you
- Explain your legal rights under Florida law
- Discuss potential defenses and strategies
- Outline the criminal justice process
- Answer all your questions about your case
Multiple Ways to Reach Us
- Call our Fort Lauderdale office: 954.861.0384
- Contact us online for a prompt response
- Visit our office: Fort Lauderdale location
Emergency consultations available 24/7 for arrests and urgent matters.
Remember: Anything you say can be used against you. Get experienced legal representation before speaking to police or prosecutors.
Schedule Your Free Consultation Today
Related Resources: |
