Lake City, FL asked in Criminal Law and Domestic Violence for Florida

Q: is it legal for the state attorney to file two separate battery charges for the same altercation

2 Lawyer Answers
Michael  Mayoral
Michael Mayoral
  • Coral Gables, FL
  • Licensed in Florida

A: Generally speaking, it is legal. For instance, if a defendant kicks someone, walks away, and then comes back and punches the person, that is an an example of two different acts of battery, and two crimes. However, such a matter requires a very detailed factual analysis to determine if the defendant is being overcharged or not. You should consult an attorney.

Leonard Louis Cagan and Henry George Ferro agree with this answer

Leonard Louis Cagan
Leonard Louis Cagan
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: In addition, you can be charged with two batteries if there are two separate victims if it occurs during the same incident. I agree that you should consult with an attorney. A battery can be enhanced to a felony if you have a prior battery and that should be avoided if at all possible.

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