Ex-Girlfriend’s Nasty Phone Messages Dispute Domestic Violence Charge

The Charges

Our Client, a Mexican citizen with poor English comprehension, arrived at the home of his ex-girlfriend to pick up their son for a weekend visit. He claimed the woman violently attacked him and scratched his face. While trying to defend himself, he struck her in the face. Two days later, police arrested our Client, charging him with Battery Causing Bodily Harm.

Battery Causing Bodily Harm

In Florida, Battery Causing Bodily Harm is defined as a person who intentionally strikes another individual, without the person’s consent, and in doing so causes bodily harm. It may also cause permanent disfigurement or permanent disability to that individual. 

In order to be charged as a Battery Causing Bodily Harm, there must be bodily harm done. An example of this is if someone punches another person, knocking them out cold. There are no injuries that have occurred after he or she comes to. This would not be an example of bodily harm. However, if after the person comes to, they realize they have broken their nose, this is an example of bodily harm. 

Penalties for Battery Causing Bodily Harm

There are many penalties for battery causing bodily harm. These include being charged with a third-degree felony, which will result in up to five years in prison, five years of probation and a fine of $5,000. Florida judges may also give any of the following penalties:

• Community service
• Restitution awards for the victim to be paid by the offender
• Counseling
• Substance abuse treatment or counseling
• Psychological evaluations and treatment
• Enrollment in the Batterer’s Intervention Program if the battery was domestic

A felony battery charge will also be assigned a level 6 on the Florida Criminal Punishment Code. A judge is required under law to sentence the defendant with at least 19 to 36 months in prison.  

There are various defenses that can be used for battery causing bodily harm, including the following: 

• Vindictive victim
• Injuries do not constitute great bodily harm
• Consent
• Use of force in Defense of Others
• Use of Force in Defense of Property
• Insufficient Intent
• Mutual Combat
• Self-defense
• Stand Your Ground
• Factual disputes about how the incident occurred

Fight For Your Rights With Musca Law Firm

If you have been charged with Battery Causing Bodily Harm, you will need an attorney that can fight for your rights. Musca Law Firm will do just that for you. We have offices located in several cities in Florida, serving the entire state. Our attorneys are all skilled at what they do, and have a passion for the law. We have a 24 hour, 7 days a week answering service as we realize it is important to contact a lawyer when the time arises. A free initial consult is provided to all new clients. Call us today at (888) 484-5057 to see what any one of our experienced lawyers can do for you. 

RESULT: During depositions, the Musca Law Defense Attorney aggressively cross-examined the witness on her claims and called into question the phone messages she left on the Defendant’s answering machine. Her messages flaunted the fact she had him arrested intentionally in an attempt to take away his custody rights. In light of the supportive evidence presented in defense of our Client, the State dismissed the case for insufficient evidence.