Battery / DOMESTIC Battery

Any Battery charge can have very serious consequences, including jail time. You need an experienced Pensacola Battery Lawyer to represent you who will analyze your case and prepare a defense that will give you the best chance of fighting and winning your case in court. Call or e-mail me today for a free consultation.

– You can be charged with Battery if you punch, or are involved in a fight with someone.

– You can be charged with Battery without having actually hit anyone.

– You can be charged with Battery for just threatening someone with physical harm.

– You can be charged with Battery if you commit an act with intent to cause fear of bodily harm in another, or if you intentionally inflict or attempt to inflict bodily harm upon another.

– You can be charged with Battery if you get into a fight, even if you didn’t start it.


A Domestic Battery charge is heartbreaking and sometimes the most unfair. Domestic Battery is an alleged Battery against a family member. Family members include:

– spouses and former spouses;
– parents and children;
– persons related by blood;
– persons who are presently residing together or who have resided together in the past;
– persons who have a child in common regardless of whether they have been married or have lived together at any time;
– a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
– persons involved in a significant romantic or sexual relationship.

A Domestic Battery charge can be brought against a family member if there is a misunderstanding and one family member, by the actions of another family member, is made to feel afraid of being injured.


Battery charges and penalties vary depending on the facts of the situation and the severity of any injuries.

Third Degree Battery : Battery and infliction of substantial bodily harm, also assaulting a minor: Felony;
Second Degree Battery : Battery with a dangerous weapon: Felony;
First Degree Battery : Infliction of great bodily harm or use of deadly force: Felony.

In the state of Florida, all crimes are either the following listed from smallest to greatest: 1) 2nd degree misdemeanor (MM) (up to 6 months jail), 2) 1st degree MM (up to 1 year jail) , 3) 3rd degree felony (up to 5 years prison) 4) 2nd degree felony (up to 15 years prison) 5) 1st degree felony (up to 30 years or life in some instances) 6) Capital Felony (life in prison or death penalty).

Note: A deadly weapon can be anything the State decides it is. I’ve seen clients who were punched with a cell phone, and the state decided to call that a deadly weapon. Of course, I’m usually pretty good at negotiating with the state on such things to get a charge dropped down, etc. An aggravated battery is a 2nd degree felony punishable by up to 15 year prison.

If someone files an Battery charge against you, and you are arrested, you’ll need an attorney to help explain what happened, and why the charges should be dropped. You will need an attorney that understands how to mount a proper defense against the charges. In cases where there was ultimately no serious injury, I’ll work to get the charges reduced, to take the most serious consequences off the table whenever possible.

If you are facing Battery charges, call Pensacola Battery Attorney Sherry Ivey Jones and I will defend your rights and protect your future. The initial consultation is free.

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