The Fort Myers Criminal Defense Battery, Domestic Violence Battery, Felony Battery and Aggravated Battery Lawyers at Viacava & Cantor can help you if you have been arrested for any of the aforementioned Battery charges in Fort Myers, Naples, Port Charlotte, Punta Gorda, Cape Coral or any other area of Southwest Florida.
At Viacava & Cantor we know that when you or a loved one has been arrested for Battery it can produce a great amount of stress. Battery is an incredibly common charge and generally stems from arguments and issues that occur in the home. People are commonly accused of Battery by loved ones due to emotional spikes that occur in the relationship and have absolutely nothing to do with the commission of an actual battery by one party upon another. Battery charges are almost always accompanied by Restraining Orders or No Contact Orders that are issued by a Judge and which order the party arrested not to have contact with the alleged victim. Battery charges that occur in the home, commonly referred to as Domestic Violence Battery or DV Battery, generally carry with them the additional hurdle of a further Restraining Order which is called a Stay Away Order and is essentially an Order restraining the party accused of the Battery from living at, or even going to, the residence that they occupy with the alleged victim regardless of who has legal ownership of the property.
What is Battery?
There are many types of Battery charges and each one varies in regards to the facts that the State must prove in order to obtain a conviction as well as the severity of the maximum punishment allowed:
- Battery: Battery is statutorily defined as when a party acually and intentionally touches or strikes another person against their will OR intentionally causes bodily harm to another person. Battery is a first degree misdemeanor punishable by a maximum of a year in jail.
- Domestic Violence Battery: Domestic Violence Battery or DV Battery is a battery commited by one member of the household against another member of the household. Domestic Violence Battery is a first degree misdemeanor punishable by a maximum of a year in jail.
- Felony Battery: Felony battery is when a party acually and intentionally touches or strikes another person against their will and causes great bodily harm, permanent disability or permanent disfigurement. Felony Battery is a third degree felony punishable by a maximum of five years in prison.
- Aggravated Battery: Aggravated battery is when a party acually and intentionally touches or strikes another person against their will and intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement OR uses a deadly weapon. Aggravated battery is a second degree felony punishable by a maximum of fifteen years in prison.
Viacava & Cantor are Here to Help
The lawyers at the Fort Myers based Criminal Defense Law Firm of Viacava & Cantor handle Battery, Domestic Violence Battery, Felony Battery and Aggravated Battery cases throughout the State of Florida. The Criminal Defense Law Firm of Viacava & Cantor is located in Fort Myers with close and convenient access to all other areas in Southwest Florida including Naples, Cape Coral, Port Charlotte, Punta Gorda, Fort Myers Beach, Sanibel, Captiva and Marco Island. Call a lawyer from Viacava & Cantor at 239-672-8934 for a free consultation to discuss the specific facts of your case.