How to Get Simple Battery Charge Dropped | Full Process Discussed
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Yes, you can charge your battery charge dropped. However, it can be a hard task to do. Your options depend on the conditions and situations of your particular case. The lawyers and attorney of Goldman Wetzel will analyze your case history. Also, discover the best possible solution to get your battery charge dropped. Let’s discuss how to get a simple battery charge dropped.
Unlike the associated charges of simple battery or aggravated battery, which might consist of slapping or shoving does not lead to severe physical injury. While several types of simple battery acts are misdemeanors and can have severe impacts and stay on the individual’s records.
So in this article, you will discover how you can drop your simple battery charges.
What is a Simple Battery Charge?
A simple battery charge happens when any person tends to touch any other person without their consent or by force in an unlawful manner. The event of touching refers to the simple battery and does not cause any injury or harm. Moreover, it is essential to understand that the touching of another person must be with his will. In other words, if accidentally trip and falls with a bump on another person doesn’t come in the battery charge.
A simple battery charge is a type of domestic violence. It is physical contact without a family member’s consent, including hitting or punching someone. Felony battery like strangulation and aggravated battery, like a battery on pregnant women, and sexual battery like rape.
Domestic battery is a type of first-degree misdemeanor; if you committed a domestic battery on the pregnant woman, have past convictions, or used a deadly weapon, you have formal charges.
How to Drop Simple Battery Charges
Gold man Wetzel offers aggressive representation to customers who want to get criminal charges as battery charges dropped in Florida. The organization works to protect legal rights and understand your options and the effect these changes have on your life and your future.
Summer Goldman is an experienced prosecutor for Pinellas County, and Maribeth has dedicated her entire life to criminal defense cases. They understand the working of systems and ensure you get the rights to which the institution entitles and offers you.
Moreover, the prosecution will consider you as a person rather than a case filer. The team understands the ins and outs of the case and tries their best to drop the charges over you. If necessary, you can file the case in court to get the charges you need.
The team will review the state of the case against you and dedicate the weaknesses and the problem areas. All this, as some of the tips and strategies by which you can get the charges dropped includes the following steps.
If you have only committed physical contact to save yourself from harm, we can convince the prosecutor to reduce or drop the charge.
Defense of others
If you harm another person while protecting or saving another person, we will debate on defense for others.
Stand your ground
Stand your ground law of Florida offers you to use deadly force if a violent intruder breaks into your home or car.
If, for instance, a strange family member is trying to break into your house or a car, you can argue for the use of standing your ground.
In another area, we can discover the chance of false accusations. If there is a difference in the witness statements or if the proof does not matches the victim’s account of the event, we have a battery right.
In case the state refuses to drop the charge, you can opt for the pre-trial intervention for acceptance. When you complete the diversion requirement, the state will have to drop the battery charges against you.
Defense of property
You can use credible sources and forces to recover or retain your property. So, the process by the court is the best option that determines this issue on a case-by-case basis.
The witnesses of your case will determine your role in the case; if they testify that you did not commit a crime, the charge from the battery will drop easily.
Lack of intent
If you did not make contact with the intention and you prove that it accidentally happened, this may lead to the drop of the charge.
Another common defense against the charge is that it was not done by will, but you should be aware that even if the contact is not charged as a simple battery, you can be convicted of other crimes like assault. So depending on your case circumstances and the use of force, the simple battery charge can be reduced to assault. With personal information about your past crimes, your lawyer or attorney can plan for the best way for your battery charge.
Penalties for Simple Battery Charge
The penalties, fines, and punishments of simple battery charges depend on the precise details, information that surrounds your case. Moreover, all these factors depend on the actions that consist of these offenses. These also vary, many of which are not considered harmful. It may be possible that you have committed a simple battery charge and do not know it. That is why a professional lawyer or attorney can understand your case and can assist you by planning your defense.
There are some specific conditions in which the higher authorities can include your simple battery charges in the misdemeanor or the high or aggravated nature; s conviction for this type can carry 5000$ fine and a one-year prison sentence.
Criminal offenses of this type and nature include the following victims.
- Pregnant lady or 65 years old woman
- Correction officer, detention officer, police officer, on the job
- The individual in a public vehicle or transit station
- Other livings past or present spouse in the house
- The employee of the public school system on school property and engaged in official duties.
- Sports officer working on the location of sports grounds
Outcomes for the Simple Battery Charge
The results and consequences of the simple battery charge may consist of as much as one year of jail time. In addition, the defendant could face up to 1000 dollars in fines and will have to pay restitution for damages caused by their actions. This compensation is for completing the expenses included in the offense, like the medical treatment or therapy instead of the prison. This factor is based on the individual’s level of harm and injury and the discretion of the judge’s decision.
Frequently Asked Questions
Is simple battery charge a serious crime?
Simple battery can be termed a less aggravated form of battery crime as it does not involve serious harm or injury. However, in most dominions, an exasperate battery charge is possible upon the appellant; the goal to cause harm or injury is the most critical part of this crime.
What is the difference between a battery charge and a simple charge?
Local battery and a plain battery are the same crimes. A battery can be clarified as the illegal touching of another without their permission. The big difference between domestic and simple batteries is the punishments you get with the crime and the legal ramifications down the road.
How long is a simple battery charge?
Raising your fist towards someone’s face as if you will strike them constitutes a simple assault. In California, simple assault is a misdemeanor with the potential penalty of up to 6 months in jail and fines from 1000$.
Can a simple battery charge be dropped?
It will technically be up to the judge and prosecutor to drop the charge. The police or victim who initially brought in the charge is then a witness. If the case was a simple assault and not a domestic assault, it could be dropped with an accord and satisfaction contact.
What is the difference between simple battery and simple assault?
Simple battery occurs when it carries violence, and it has physical harm or injury upon a person by another person. You can define simple assault as a physical or verbal threat of violence by an individual capable of carrying the act out in which someone commits an act of violence.
A person can have charges against a simple battery charge. It can be overwhelming because of some seeming reasons. The simple battery charge can be dropped and removed from the record. It all depends on how you handle the simple battery in court before filing the expungement to remove the simple battery.
First, you must prove that you have not committed the crime intentionally in the simple battery, which happens accidentally. With the provision of the evidence, the court will issue the orders, and if they get the evidence against you, you will have to pay the required fines and apply for a sentence in jail.
To handle the issue of simple battery, you can hire skilled and professional attorneys and lawyers if necessary. They can handle your case to the best of their efforts and request a reduction in charges and punishments.
I’m a driven and accomplished law graduate and post-graduate, passionate about sharing my legal expertise via my blog. I hold a Bachelor’s degree in Law from the University of London (UK) and a Master’s in Law from the University of Derby (UK). Both gave me the foundational knowledge and skills to excel in my chosen career path.
Throughout my academic journey, I have gained extensive knowledge in various fields of Law, including Corporate and Business Law in the USA, Criminal Law, International Law, US Copyright law, and most importantly, American Constitutional law.
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