Battery Lawyer in Melbourne, FL

All Three Attorneys Are Board-Certified. We Know How the State Builds Battery Cases.

A battery charge in Florida can follow from a single shove, a push during an argument, or any unwanted intentional contact. Under Florida Statute 784.03, battery is the actual and intentional touching or striking of another person against their will, or intentionally causing bodily harm. No visible injury is required. What the State must prove is intent: that the contact was deliberate, not accidental. That distinction is where a battery defense begins.

At Funk, Szachacz & Diamond, every attorney holds Florida Bar Board Certification as a Criminal Trial Specialist, a credential carried by fewer than one percent of Florida lawyers and subject to re-evaluation every five years. All three partners previously served as Assistant State Attorneys and Felony Division Chiefs, which means we know how the prosecution builds these cases and where the evidence can be challenged. Our office is in Melbourne, and we represent clients across Brevard County and the Space Coast.

If you or someone you know has been arrested for battery in Brevard County, contact us immediately at (321) 360-4446. Acting quickly can help preserve your options before evidence disappears or unguarded statements complicate your defense.

Battery Charge Types & Penalties Under Florida Law

Florida law separates battery into several distinct charges, and the difference between them can mean the difference between a misdemeanor and years in prison.

Simple Battery (Florida Statute 784.03): A first-degree misdemeanor carrying up to one year in jail, one year of probation, and a $1,000 fine.
Second Conviction: A second battery conviction elevates the charge to a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
Felony Battery (Florida Statute 784.041): Applies when battery causes great bodily harm, permanent disability, or permanent disfigurement. Also a third-degree felony with up to five years in prison.
Aggravated Battery (Florida Statute 784.045): Involving great bodily harm, a deadly weapon, or a pregnant victim, this is a second-degree felony carrying up to 15 years in prison, 15 years of probation, and a $10,000 fine.
Battery on a Protected Person (Florida Statute 784.07): Battery against a law enforcement officer, firefighter, or EMT is automatically a third-degree felony regardless of whether injury occurred.
Domestic Battery: Battery against a family or household member carries consequences beyond jail time. A domestic battery conviction can’t be sealed or expunged and triggers loss of firearm rights under federal law.

Battery cases in Brevard County are prosecuted by the Office of the State Attorney for the 18th Judicial Circuit and heard at the Moore Justice Center in Viera. Beyond jail and fines, a conviction creates a permanent criminal record that can affect employment, professional licenses, housing, and immigration status.

Why Our Credentials Matter for Your Battery Defense

Former prosecutors understand how battery charges are assembled. Our attorneys spent years as Assistant State Attorneys and Felony Division Chiefs evaluating intent evidence, weighing witness credibility, and deciding which cases to advance. That experience now runs in the opposite direction, directly informing how we challenge the State’s case at every stage.

Force Science Certification & Use-of-Force Analysis

Our Force Science certification adds analytical precision that matters when self-defense is at issue. Force Science examines the timing, physiology, and mechanics of physical confrontations. When a self-defense claim is raised, that framework can affect how the facts are understood by a judge or jury.

Three Board-Certified Attorneys on Every Case

We’ve represented judges, doctors, and law enforcement officers facing charges where the collateral consequences of a battery conviction were as serious as the legal penalties. For those clients, discretion and depth of preparation aren’t optional. Our three-partner model means all three Board-Certified attorneys review and strategize on every file, bringing three separate certified trial perspectives to each case. Our attorneys have served as lead counsel in thousands of cases and hundreds of jury trials, from misdemeanors to complex federal indictments, and our team has been recognized with the Brevard County Bar Association Professionalism Award and Trial Attorney of the Year honors.

Contact Our Melbourne Battery Defense Attorneys

The State controls a battery prosecution. An alleged victim changing their mind doesn’t automatically result in dismissal, and statements made without an attorney present can limit your options. The sooner you have counsel, the more tools may be available to build your defense.

Funk, Szachacz & Diamond represents individuals facing battery charges throughout Melbourne and Brevard County. Call us at (321) 360-4446 to speak with a Board-Certified Criminal Trial Specialist about your case.

Florida Battery Defense Strategies

The prosecution must prove every element of a battery charge beyond a reasonable doubt. That burden creates multiple points where a well-prepared defense can intervene, and the right strategy depends on the specific facts of your case.

Self-Defense & Stand Your Ground: Florida’s Stand Your Ground law removes the duty to retreat before using force if you were in a place you had a legal right to be and weren’t engaged in criminal activity. A pre-trial immunity hearing under this statute may result in dismissal before a case ever reaches a jury. Our Force Science certification lets us examine use-of-force scenarios with the analytical precision these hearings require.
Lack of Intent: Accidental contact, even if it causes injury, doesn’t satisfy the intent element under Florida battery law. Demonstrating that the contact was unintentional directly negates one of the State’s required elements.
Consent: In certain contexts, such as athletic or recreational activity, participants may have agreed to the physical contact involved. Consent can be a viable defense depending on the circumstances.
Defense of Others: Using reasonable force to protect a third party from imminent unlawful harm is a recognized defense under Florida law.
Challenging Witness Credibility: False allegations are a real concern in battery cases. Inconsistent statements, absence of physical evidence, and identifiable motive to fabricate can all undermine the prosecution’s witness testimony.
Pre-Trial Motions: Depending on how evidence was obtained, we may file motions to suppress, motions to dismiss for insufficient evidence, or motions for Stand Your Ground immunity before the case proceeds to trial.

Our former prosecution experience tells us what the State Attorney’s office for the 18th Judicial Circuit looks for when evaluating intent and credibility. We apply that knowledge to find and press every defensible angle.

What Happens After a Battery Arrest in Brevard County

Knowing what to expect at each stage helps you make better decisions throughout the process.

Bond, Arraignment, & Who Controls the Charges

After a battery arrest in Brevard County, you’ll typically appear before a judge within 24 hours for a bond hearing. Cases are heard at the Moore Justice Center in Viera, the main courthouse for the 18th Judicial Circuit. The Office of the State Attorney controls whether charges are filed, reduced, or dismissed. The alleged victim’s preference factors into that decision, but it isn’t determinative.

Diversion, Negotiation, & Case Timelines

For first-time offenders charged with simple battery, pre-trial diversion may be available. Successful completion of a diversion program may result in dismissal of the charges. Misdemeanor battery cases can sometimes resolve in weeks to a few months through negotiation; felony battery cases typically take longer depending on the complexity of the evidence.

Discovery & Trial

Discovery requires the prosecution to disclose police reports, witness statements, video evidence, and any evidence favorable to the defense. Reviewing that material early is where experienced trial counsel earns its value. If the case goes to trial, a not-guilty verdict requires a unanimous jury decision. Our attorneys have served as lead counsel in hundreds of jury trials throughout Florida state and federal courts, including the full range of Brevard County criminal proceedings.

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Our Case Results

From murder charges to alleged fraud, our case successes speak for themselves. Our clients themselves testify to the premium care that our firm holds as a standard for all of our cases.

Dismissed 6 felony counts of Performing Lewd Acts Upon a Minor
Dismissed Lewd & Lascivious Battery
Not convicted of any crime. Trafficking
Dismissed 6 counts of Possession of Hydrocodone.
Dismissed Trafficking in Cannabis and Cultivation of Cannabis.

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Why Choose Us? Every Case Gets the Same Attention

Exceptional Track Record

Our team has an undeniable track record of success.
Ethical Criminal Representation

We do not cut corners. Every case is handled with the utmost integrity and complete honesty.
Experienced Professionals

All of our attorneys are Certified by the Florida Bar, making them an all certified criminal defense team.