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Battery Defense Attorney Serving Bartow, Lakeland, and Central Florida
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Lakeland Battery Defense Lawyer - Criminal Law
Experienced Battery Defense attorney providing Criminal Law Legal Services in Bartow, Lakeland, Winter Haven, Auburndale, Haines City, Polk County, and the greater Central Florida area.
Call 863-354-0508 today to schedule a Free Consultation with battery defense lawyer, Robert A. Norgard.
An arrest for battery in Central Florida is a high-stakes crisis that demands immediate legal intervention. Unlike general disputes that can be resolved privately, a formal battery charge means the State of Florida is actively seeking criminal penalties against you. A conviction can permanently tarnish your background check, derail your career, jeopardize professional licensing, and carry mandatory jail or prison time.
At the Law Office of Robert A. Norgard, based in Bartow, Florida, we provide aggressive, sophisticated criminal defense representation for individuals facing battery allegations. We serve clients in Bartow, Lakeland, Winter Haven, Auburndale, Haines City, Polk County, and the greater Central Florida area.
Florida Bar Board-Certified Criminal Trial Specialist
An Elite Trial Advocacy Advantage: Led by Attorney Robert A. Norgard—a Florida Bar Board-Certified Criminal Trial Specialist with over 40 years of experience—our legal team brings deep, strategic insight to your defense.
As a veteran trial advocate who has handled well over 200 criminal jury trials, Mr. Norgard understands exactly how the State Attorney’s Office builds its case, where investigators cut corners, and how to expose fatal flaws in the prosecution's evidence.
About Criminal Battery Charges
Under the Florida Statutes, battery is distinctly categorized as a crime of unlawful physical contact. This is the fundamental legal difference between Assault (which is an intentional threat that creates a fear of violence) and Battery (which requires actual, physical interaction).
Florida law classifies battery into three primary tiers based on the severity of the alleged contact, the extent of the injuries, and the defendant's prior criminal record:
Simple Battery (Misdemeanor Battery — F.S. § 784.03)
According to Florida Statute § 784.03, Simple Battery occurs when a person actually and intentionally touches or strikes another person against their will, OR intentionally causes bodily harm to another person. This can include something as minor as an unwanted push, shove, or grabbing someone's clothing.
- Classification: First-Degree Misdemeanor.
- Potential Conviction Penalties: Up to 1 year in a local county jail, up to 1 year of probation, and a $1,000 fine.
Felony Battery & Prior Offender Enhancements (F.S. § 784.03 / F.S. § 784.041)
A misdemeanor battery charge can be instantly upgraded to a Third-Degree Felony under two distinct statutory tracks:
- Domestic Strangulation or Great Bodily Harm (F.S. § 784.041): Committed if a person intentionally causes great bodily harm, permanent disability, or permanent disfigurement, or limits the normal breathing or blood circulation of a family or household member by choking.
- Prior Battery Conviction (F.S. § 784.03(2)): Under Florida's repeat offender laws, if you have one prior conviction for any battery offense (including simple battery) and are arrested for a second offense, the new charge is automatically elevated to a felony.
- Potential Conviction Penalties: Up to 5 years in state prison, up to 5 years of probation, and a $5,000 fine.
Aggravated Battery (F.S. § 784.045)
Aggravated Battery is the most severe form of non-fatal battery under Florida law. It is charged when a person, while committing a battery, either intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, OR uses a deadly weapon (such as a firearm, knife, club, or motor vehicle). It is also charged as a felony if the defendant knew the victim was pregnant at the time of the offense.
- Classification: Second-Degree Felony.
- Potential Conviction Penalties: Up to 15 years in state prison, up to 15 years of probation, and a $10,000 fine.
- Note: If a firearm is carried or discharged during the offense, it triggers severe, mandatory minimum prison sentences under Florida’s enhanced sentencing laws.
Burden of Proof in Criminal Battery Cases
To secure a battery conviction in a Florida courtroom, the prosecution bears the heavy burden of proving two core structural elements beyond a reasonable doubt:
- You intentionally touched or struck the alleged victim, or intentionally caused them physical harm.
- The touching or striking was entirely against the will of the victim.
If a seasoned defense attorney can introduce reasonable doubt regarding either of these elements, the state's case fails. For example, if the physical contact was completely accidental—such as accidentally bumping into someone in a crowded space or tripping—the necessary element of criminal intent is missing, and you cannot be legally convicted of battery.
Defense of Criminal Battery Charges
Battery charges frequently stem from emotionally charged situations, such as domestic disputes, bar confrontations, or road rage incidents. In many cases, police officers make rapid arrest decisions based solely on conflicting, uncorroborated statements. We carefully investigate police reports, interview independent witnesses, and secure surveillance or bodycam footage to assert powerful defenses, including:
- Self-Defense and Defense of Others (F.S. § 776.012): Under Florida’s robust Stand Your Ground laws, you have no duty to retreat and are legally justified in using proportional physical force to protect yourself or another person from imminent unlawful harm. We can file formal motions to seek absolute immunity from prosecution before a trial even begins.
- Mutual Combat or Consent: If both parties voluntarily agreed to engage in a physical altercation (such as a mutual fight), the contact may not legally be considered "against the will" of the alleged victim.
- Challenging "Great Bodily Harm": In felony upgrades, we aggressively contest the medical evidence to show that injuries do not meet the strict statutory definitions required for a felony, aiming to reduce the charge to a simple misdemeanor.
- Pretrial Diversion (PTD): For eligible clients with minimal prior history, we work to secure entry into diversion programs which, upon successful completion, result in a complete dismissal of all charges, paving the way for an expungement of your record.
A criminal conviction for battery can follow you permanently, stripping you of your civil rights (including your right to own or possess a firearm) and labeling you as a violent offender to future employers and landlords. Do not face the state's prosecutors alone.
Put a Florida Bar Board-Certified Specialist with more than 40 years of courtroom experience in your corner. Contact the Law Office of Robert A. Norgard today to schedule your free, completely confidential legal consultation at our Bartow law office.
Call 863-354-0508 today to schedule your Free Consultation with Lakeland battery defense attorney, Robert A. Norgard.
If you are facing Misdemeanor or Felony charges in Lakeland or the greater Central Florida area, your freedom and future are at stake. Contact The Law Office of Robert A. Norgard, Today! |
A DUI arrest does not have to result in a permanent conviction. By aggressively examining police reports, video footage, and chemical testing data, Robert A. Norgard works tirelessly to achieve case dismissals, trial acquittals, or a strategic reduction to a lesser charge like reckless driving. |
Do not leave your future and your freedom to chance. If you are under investigation or have already been arrested for a narcotics offense in Bartow, Lakeland, Winter Haven, or anywhere in Central Florida, protect your rights immediately. |
