Battery
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
Our Panama City Firm Has Much to Offer. Learn Why People Choose Shepard Law.
No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
Panama City Battery Defense Attorney
Simple, Felony, and Aggravated Battery
Battery charges in Florida range from a first-degree misdemeanor to a first-degree felony, depending on the circumstances, whether a weapon was involved, the injuries caused, and who the alleged victim is. 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 Charges and Penalties
Under Florida Statute § 784.03, battery occurs when a person actually and intentionally touches or strikes another person against their will, or intentionally causes bodily harm to another person. Battery is distinct from assault — assault is the threat, battery is the contact.
Simple Battery — First-Degree Misdemeanor (§ 784.03)
- Intentional touching or striking of another person against their will, or intentionally causing bodily harm
- Up to 1 year in jail and a $1,000 fine
- No physical injury required — any intentional, unwanted touching can satisfy the charge
Battery With a Prior Conviction — Third-Degree Felony (§ 784.03(2))
- One prior conviction for battery, aggravated battery or felony battery turns any new battery charge into a felony
- A prior plea of guilty or no contest counts as a conviction, even if adjudication was withheld
- Up to 5 years in state prison and a $5,000 fine
Felony Battery — Third-Degree Felony (§ 784.041)
- Intentional touching or striking against the other person’s will that causes great bodily harm, permanent disability or permanent disfigurement
- The State must prove the touching was intentional, not that the injury was intended
- Domestic battery by strangulation is also a third-degree felony under the same statute
- Up to 5 years in state prison and a $5,000 fine
Aggravated Battery — Second-Degree Felony (§ 784.045)
- Intentionally or knowingly causing great bodily harm, permanent disability or permanent disfigurement
- Using a deadly weapon during the battery
- Battery on a person who was pregnant, where the accused knew or should have known of the pregnancy
- Up to 15 years in state prison and a $10,000 fine
- If a firearm is involved, 10-20-Life mandatory minimums under § 775.087 may apply
Aggravated Battery — Second-Degree Felony (§ 784.045)
- Intentionally or knowingly causing great bodily harm, permanent disability or permanent disfigurement
- Using a deadly weapon during the battery
- Battery on a person who was pregnant, where the accused knew or should have known of the pregnancy
- Up to 15 years in state prison and a $10,000 fine
- If a firearm is involved, 10-20-Life mandatory minimums under § 775.087 may apply
Battery on a law enforcement officer, firefighter or other protected person, or on a person 65 or older, is reclassified to a higher degree. Aggravated battery on a law enforcement officer is a first-degree felony.
Battery in Domestic Violence Cases
Many battery charges arise between spouses, partners, family members, or people living in the same household. When the alleged victim is a family or household member, the charge is prosecuted as domestic violence, with additional consequences including a court-ordered batterer’s intervention program, no-contact orders, and firearm restrictions.
A plea of guilty or no contest to domestic battery makes the record permanently ineligible for sealing or expungement, even if adjudication is withheld. The same applies to felony battery and aggravated battery regardless of who the alleged victim is. If the charge is dropped or dismissed, or you are found not guilty, the record may be eligible to be sealed or expunged.
Defense Strategies
- Self-defense — Florida’s Stand Your Ground law allows the use of force to defend against an imminent threat, with no duty to retreat where you have a right to be. Once a self-defense claim is raised at a pretrial immunity hearing, the State must overcome it by clear and convincing evidence
- Defense of others — using force to protect a third party from imminent harm
- Consent — in limited circumstances, consent to the physical contact is a defense
- Mutual confrontation — evidence that the alleged victim was the aggressor or a willing participant can undercut the State’s account
- 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 can all be challenged
- Factual dispute — no independent witnesses, no injury consistent with the allegation, or 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.
Highly Recommended
“This firm got my case dismissed and I didn’t have to spend a single day in court.”
– King R.
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.