Battery
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
Our Panama City Firm Has Much to Offer. Learn Why People Choose Shepard Law.
DUI
- Absorption Rate
- Alcohol Absorption
- BUI
- Challenging DUI Evidence
- DMV Hearings
- Driver's License Restoration
- DUI Penalties
- DUI with Injury
- Facing a DUI Conviction?
- Felony DUI
- First Time GUI
- Peak Alcohol Levels
- Unlawful Police Stops
- Underage DUI
- Vehicular Manslaughter
- Multiple Offense DUI
- Drug DUI
- Aggravated DUI
Criminal Defense
Battery
- Assault
- Bulgary
- Cyber Crimes
- Domestic Violence
- Drug Crimes
- DUI
- Expungement
- Juvenile Crimes
- Misdemeanors
- Theft Crimes
- Robbery
- Sex Crimes
- Warrants
- Violation of Probation
- Violent Crimes
- White Collar Crimes
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Panama City Battery Defence Attorney
Simple, Felony, and Aggravated Battery
Battery charges in Florida range from a first-degree misdemeanour to a life felony, depending on the circumstances, the weapon involved, and the injuries caused. Whether you are facing a simple battery charge from a bar altercation or an aggravated battery allegation involving a weapon, the consequences of a conviction — a permanent criminal record, loss of firearm rights, and potential prison time — are real and lasting.
Rusty Shepard is a former Assistant State Attorney who has handled battery cases at every level in Bay County courts. He knows how these cases are prosecuted and where the evidence is most vulnerable.
Florida Battery Law — The Three Levels
Under Florida Statute § 784.03, battery is defined as the actual and intentional touching or striking of another person against their will, or intentionally causing bodily harm to another person. Battery is distinct from assault — assault is the threat, battery is the contact.
Simple Battery — First Degree Misdemeanour:
- Intentional, unconsented touching or striking of another person
- Up to 1 year in jail and a $1,000 fine
- No physical injury required — any unlawful touching satisfies the charge
Felony Battery — Third Degree Felony:
- A prior battery conviction elevates the current charge from misdemeanour to felony
- Up to 5 years in state prison and a $5,000 fine
- The prior conviction does not need to be recent — any prior battery adjudication qualifies
Aggravated Battery — Second Degree Felony:
- Intentionally causing great bodily harm, permanent disability, or permanent disfigurement
- Use of a deadly weapon during the battery
- Battery committed upon a pregnant person (known to be pregnant)
- Up to 15 years in state prison and a $10,000 fine
- Aggravated Battery with a weapon under 10-20-Life: if a firearm is used, mandatory minimum sentencing applies
Battery in Domestic Violence Contexts
Many battery charges arise in domestic contexts — couples, family members, or roommates. When a battery charge involves a household or family member, it is prosecuted under Florida’s domestic violence laws, which carry additional consequences: mandatory counselling, no-contact orders, and permanent inability to expunge or seal the record even if the charge is reduced or dismissed by the court.
Defence Strategies
- Self-defence — Florida’s Stand Your Ground law permits the use of force to defend against an imminent threat. If Rusty Shepard establishes self-defence, the burden shifts to the prosecution to disprove it
- Defence of others — using force to protect a third party from imminent harm
- Consent — in some contexts, consent to physical contact is a complete defence
- Mutual combat — both parties voluntarily engaged in a physical altercation
- Lack of intent — battery requires intentional conduct; accidental contact is not battery
- Witness credibility — many battery charges rest on the alleged victim’s account. Inconsistencies, motive, and prior false reports are all challengeable
- Factual dispute — no independent witnesses, no physical injury consistent with the allegation, surveillance footage contradicting the account
Charged with battery or aggravated battery in Panama City or Bay County? Call Shepard Law at (850) 290-2505. Free consultation. Available 24/7.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepherd Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
CONTACT US FOR A FREE CONSULTATION
At Shepard Law, we’re always ready to take your call! Give us a call at (850) 290-2505 or fill out the form below to contact one of our team members.
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