Bradenton Battery Lawyer

A battery arrest in Bradenton or anywhere in Manatee County can mean jail, probation and a permanent record, even when nobody was seriously hurt. Daniel D. Nawara is a former prosecutor with the Twelfth Judicial Circuit State Attorney's Office, the same office that prosecutes cases in Manatee County. He now defends people charged with battery in Bradenton, Palmetto, Lakewood Ranch and the rest of the county. Call or text (941) 920-5514 for a free consultation.

What counts as battery in Florida

Under section 784.03, Florida Statutes, battery is intentionally touching or striking another person against their will, or intentionally causing bodily harm. No injury is required. A shove, a grab or a thrown drink can be charged as battery.

Penalties for battery in Manatee County

Simple battery, first offense. First-degree misdemeanor: up to 1 year in jail, 12 months of probation and a $1,000 fine.
Battery with a prior battery conviction. Third-degree felony: up to 5 years in prison and a $5,000 fine. A prior plea counts even if adjudication was withheld.
Felony battery (great bodily harm). Third-degree felony: up to 5 years in prison and a $5,000 fine.
Aggravated battery (deadly weapon, or great bodily harm caused intentionally). Second-degree felony: up to 15 years in prison and a $10,000 fine.

What happens after a battery arrest in Bradenton

You are booked into the Manatee County Jail in Palmetto.
If you have not bonded out, you see a judge at first appearance, usually within 24 hours.
The State Attorney's Office reviews the police report and decides what charge to file.
Your case is set for arraignment at the Manatee County Judicial Center in downtown Bradenton.

The filing decision in step 3 is often the best chance to change the direction of a case. A lawyer who gets involved early can present evidence and witness information before the charge is filed.

Defenses to a battery charge

Self-defense or defense of others. Florida law allows reasonable force to protect yourself or someone else.
No intent. An accidental touch is not battery.
Consent or mutual combat. The other person agreed to the contact, or both of you chose to fight. On its own this is not a complete defense, but it goes to whether the touching was against the person's will.
Not enough evidence. No independent witnesses, conflicting statements or no visible injury.
False accusation. The accuser has a motive, such as a custody dispute or a breakup.

Questions people ask

Can a battery charge be dropped in Manatee County?

Yes, but only the State Attorney's Office can drop it. The person who called the police cannot drop the charge on their own, although their wishes are one factor the prosecutor considers.

Will I go to jail for a first battery charge in Bradenton?

Jail is possible, up to one year, but many first-offense cases end with probation, a diversion program or a dismissal. The result depends on the facts, any injury and your record.

Is battery a felony in Florida?

Simple battery is a misdemeanor. It becomes a felony if you have a prior battery conviction, if the person suffered great bodily harm, or if a deadly weapon was involved.

Can a battery charge be sealed or expunged?

Often, yes, if the charge is dropped or you receive a withhold of adjudication and have no prior convictions. Domestic violence battery is treated differently; see the Bradenton domestic violence page.

Where is my court date for a Bradenton battery charge?

Manatee County criminal cases are heard at the Manatee County Judicial Center, 1051 Manatee Avenue West, Bradenton. See the Manatee Criminal Court Guide.

Charged with battery in Bradenton or Manatee County? Call or text Daniel D. Nawara at (941) 920-5514. Free consultations and payment plans are available.