Felony Battery Lawyer Clearwater, FL
Clearwater Felony Battery Defense Attorney
Charged with Felony Battery in Clearwater? Start Building Your Defense Now.
Felony battery charges in Florida are not just serious, they’re life-altering. A conviction can mean prison time, thousands in fines, and a permanent record that affects your future. If you’ve been arrested for felony battery in Clearwater, FL, you need an experienced criminal defense attorney who knows how to fight for your freedom.
Is Battery a Felony in Florida?
Battery becomes a felony in Florida when the act involves aggravating factors beyond simple unwanted contact. While simple battery is a first-degree misdemeanor, certain situations escalate the charge to a felony level under Florida Statutes § 784.041.
Felony battery charges in Florida typically apply when:
- There is serious bodily harm or permanent disability
- A deadly weapon was used
- The victim is a law enforcement officer or protected class
- The defendant has a prior battery conviction
Understanding these distinctions is critical if you’re searching online for “is battery a felony” because context matters.
Is Domestic Battery a Felony?
Many people ask, “Is domestic battery a felony in Florida?” The answer depends on the facts.
First-time domestic battery is often charged as a misdemeanor. However, it becomes a felony when:
- The accused has prior domestic violence arrests or convictions
- The case involves strangulation, serious injury, or threats with a weapon
- A child was present during the incident
- The alleged victim is part of a protected class
In felony domestic violence cases, prosecutors pursue aggressive penalties. That’s why it’s critical to speak with a Clearwater domestic battery defense lawyer immediately.
Is Simple Battery a Felony?
Simple battery — typically defined as intentional, unwanted physical contact — is usually a first-degree misdemeanor. However, it becomes a felony battery charge if:
- You’ve been previously convicted of battery
- The victim is part of a protected class (like police, EMTs, or school employees)
- The incident resulted in great bodily harm or disfigurement
If you're wondering, "is simple battery a felony?" the key factor is whether the incident involved prior convictions or aggravating circumstances.
What Happens After a Felony Battery Arrest in Clearwater?
The legal process for felony battery charges in Pinellas County includes:
- Arrest and booking by Clearwater Police or Pinellas County Sheriff
- First appearance before a judge
- Formal charges filed by the State Attorney’s Office
- Pre-trial motions and discovery
- Negotiations or trial
Prosecutors work quickly to build cases. You need a defense attorney who works faster.
Our Defense Strategies
At Manderscheid Law Firm PLLC, we tailor each defense to the facts and legal circumstances of your case. Our proven strategies include:
- Challenging the intent behind the alleged battery
- Presenting self-defense or defense of others
- Exposing false allegations or exaggeration
- Highlighting lack of physical evidence
- Filing motions to suppress unlawfully obtained evidence
We also work to have felony battery charges reduced to misdemeanors or seek diversion programs where possible.
Penalties for Felony Battery in Florida
A felony battery conviction in Florida may result in:
- Up to 15 years in prison
- $10,000 in fines
- Felony record that cannot be sealed or expunged
- Loss of firearm rights and civil liberties
- Employment, housing, and immigration consequences
Why Choose Manderscheid Law Firm, PLLC?
When searching for a Violent Crime Defense Lawyer Pinellas County you need an attorney with experience, dedication, and a proven track record. Here's why clients trust us:
- Former Prosecutor, Local Advantage – Attorney Logan Manderscheid brings experience from both sides of the courtroom. As a Clearwater native and former prosecutor, he understands how to challenge the state's case effectively.
- Personalized Legal Defense – You work directly with your attorney — no case managers, no call centers. Logan gives clients his personal cell number and is accessible throughout your case.
- Results-Driven Representation – We have a track record of dismissals, reduced charges, and favorable plea agreements in felony battery and domestic violence cases.
Reducing Charges
Negotiating with the prosecution to reduce charges against you can help significantly lessen any potential penalties you face.
Seeking Dismissal of Charges
Our lawyers are highly experienced at seeking dismissal of charges due to lack of sufficient evidence or procedural errors made by the prosecution and will explore all means available to have all charges dismissed entirely.
Expungement and Sealing
If eligible, we can assist in expunging or sealing your criminal record to greatly increase your chances of employment, housing, and other opportunities.
Frequently Asked Questions (FAQ)
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What is the difference between misdemeanor and felony battery in Florida?
Misdemeanor battery usually involves minor unwanted contact or minor injury. Felony battery involves greater harm, a weapon, or a prior conviction. -
Is domestic battery a felony in Florida?
Domestic battery becomes a felony when it involves aggravating factors such as prior convictions, strangulation, or serious injury. -
Can felony battery charges be dropped?
Yes. A skilled attorney may be able to negotiate with prosecutors to reduce or dismiss the charges depending on the evidence. -
What should I do if I'm arrested for battery in Clearwater?
Remain silent and ask for a lawyer. Do not make statements to police without an attorney present. -
Can felony battery charges be expunged?
Only if the case is dropped or ends in a not guilty verdict. Convictions are not eligible for expungement under Florida law.
Areas We Serve in Pinellas County
We defend clients in:
- Clearwater
- Dunedin
- Largo
- Safety Harbor
- Palm Harbor
- St. Petersburg
Whether your case is in the Pinellas County Justice Center or a satellite court, we are prepared to fight for you.
Contact Manderscheid Law Firm, PLLC Today for a Free Consultation
Schedule a Free Consultation Today
If you're facing felony battery charges, time is of the essence. Speak with an aggressive and experienced Pinellas County battery attorney, contact Manderscheid Law Firm, PLLC today to schedule an appointment now and be on your way to the defense you are entitled.