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My son was charged in Florida with 784.03 -1A1, Battery, touch

Customer Question

My son was charged in Florida with 784.03 -1A1, Battery, touch or strike Osceola County.frst offense, never been arrested. Pulled girlfriend's hair, pushed her against a fence, she was not hurt, no medical care, she did not press charges, she left the scene and police followed her and got a statement, she reiterated she did not want to press charges. He obviously was arrested and charged, He to Osceola police dept today they want weekly urine tests (no problem), he travels out of the state (contracted with Ringling Brother's) contract states what state he will be in...any suggestions? Is this a misdemeanor, felony, do I need to get him an attorney?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney here to assist you.

 

This is a misdemeanor of the first degree and carries up to 1 year in jail and a fine of up to $1000. If this is his first offense ever, he should not expect jail time. Instead, it is more likely that he'll receive probation and a minimum fine.

 

It is best if he gets an attorney to try and work out a deal with the prosecutor.

 

Here is the statute:

 

Fla. Stat. 784.03

 

(1)(a) The offense of battery occurs when a person:

(1.) Actually and intentionally touches or strikes another person against the will of the other; or

(2.) Intentionally causes bodily harm to another person.

(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

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