Battery Arrest Attorney In Okaloosa County & Walton County
Info & Penalties On Felony Battery Charge & Other Violent Crimes
It starts with a 911 call and ends with a criminal arrest….
I have represented hundreds of clients for Battery related charges over the years, and I can tell you without exception that this is the most overcharged crime in Okaloosa County and throughout the State of Florida.
This is especially so in cases where someone calls 911 for the police during a verbal argument. The 911 call is either made out of fear, or an attempt to gain control over the other party.
Once the police arrive though, it is more likely than not that one of you will be arrested, charged with misdemeanor or simple Battery, and taken to jail. This happens regularly in Destin & Fort Walton Beach.
For the police to charge someone at the misdemeanor level and initiate a battery arrest, all that is required for probable cause is a verbal or written statement from the alleged victim. No physical evidence is required for a battery arrest and even though it is simply one person’s word against the other, most police officers are trained to take action through separating the parties by and through the arrest procedure.
Battery and Related Violent Offenses
A crime of violence is basically any offense that has to do with a physical altercation or actual threat, even when there is no injury. If the alleged victim suffers serious injury, great bodily harm, or if a weapon was used (aggravated battery), then the battery charge can be enhanced substantially and the penalties are severe.
Although there are multiple levels and categories of related battery and other violent offenses, the domestic violence variety of misdemeanor battery is by far the most common charge that I see as a battery attorney, particularly in the Fort Walton Beach & Destin area. The other types of charges can range from misdemeanors to serious felonies, and they are:
Commonly Charged Violent Offenses – Misdemeanors Battery Related
- Misdemeanor Battery (AKA Simple Battery)
- Domestic Battery Arrest (Domestic Violence)
- Assault on Law Enforcement Officer
- Disorderly Conduct (Breach of Peace)
- Disorderly Intoxication
- Resisting Arrest without Violence
- Violation of Domestic Violence Injunction
Commonly Charged Violent Offenses – Felonies Battery Related
- Aggravated Felony Battery with a Deadly Weapon
- Aggravated Felony Battery with Serious Bodily Harm
- Felony Battery (2nd MM Battery Offense)
- Aggravated Assault with a Weapon (or Firearm)
- Battery on Law Enforcement Officer (LEO)
- Aggravated Battery on Law Enforcement Officer (1st Degree Felony)
- Resisting Arrest with Violence
- Battery on Elderly Person over 65
- Aggravated Battery on Elderly Person over 65 (1st Degree Felony)
- Aggravated Battery on Pregnant Female
- Aggravated Domestic Battery by Strangulation
- False Imprisonment
- Child Abuse
- Aggravated Stalking
- Battery during a Burglary
- Strong-Arm Robbery
- Robbery with a Weapon
- Sexual Battery Arrest
Please be aware that the use of weapons will often carry enhanced penalties and possibly minimum mandatory prison sentences if convicted in Okaloosa County.
As you can see, police officers and prosecutors in Okaloosa County have many charging options for violent offenses. Unfortunately, this may lead to a defendant being charged with a “trumped up” more serious crime upon the outset of the case. Your attorney should be able to get such charges reduced. However, in the meantime you will be dealing with a higher bond amount with more pre-trial release restrictions, including having no contact whatsoever with the alleged victim. In addition, you may be facing substantially elevated sentencing exposure (for an incarcerative sentence–in terms of potential years in prison).
From experience, I can tell you that the most common of these “trumped up” charges include: False Imprisonment, Battery with Strangulation, Felony Battery, Burglary with Battery, Aggravated Stalking (all felonies) and resisting arrest, which can be misdemeanor or a felony.
Battery Attorney and Violent Crimes Defense in Fort Walton Beach, Destin, FL & Throughout Okaloosa County
Contact an experienced criminal defense attorney as soon as possible to start working to get the best possible result after your Battery arrest. It started with phone call and a false report or exaggerated accusation. It turned into an untimely and regrettable arrest and a nightmare.
If you need help anywhere in Okaloosa County for a battery charge, call Attorney Shawn Lupella, to try to get started putting the pieces back together and get your case on the right track. Call (850) 362-6655 for a free consultation today. And remember, all assault and battery lawyers are not the same. Make sure the attorney you’re talking to has successfully handled many.
For more information on this charge, see the Florida Penal Code – 784.03 Battery Arrest; felony battery