Orlando Battery Lawyer

Battery charges can escalate faster than most people realize. An experienced Orlando battery lawyer understands how easily a misdemeanor battery can turn into a serious felony. At the Law Offices of John P. Guidry II, we’ve spent decades defending clients whose cases began with minor incidents but were later enhanced due to factors like the victim’s age, pregnancy, or prior convictions.

When a Simple Battery Becomes a Felony

In Florida, a misdemeanor battery carries a maximum of one year in jail. However, that same conduct can become a third-degree felony — punishable by up to five years in prison — if the alleged victim is pregnant or over the age of 65. The law does not require that you know about these circumstances. Even without intent or awareness, prosecutors can enhance the charge.

This often feels unfair, and with good reason. Over the years, attorney John Guidry has seen countless defendants face felony charges for situations they couldn’t have anticipated. Unfortunately, Florida law focuses on the victim’s classification, not the defendant’s knowledge.

The Problem of the Uncooperative Victim

A common question is, “What if the alleged victim doesn’t want to press charges?”
The answer: the decision to pursue or drop charges belongs to the State — not the victim.

Even if the victim wants the case dismissed, prosecutors can still proceed. They may subpoena the witness to appear in court, and if the witness appears reluctant, they might be compelled to testify. While an uncooperative victim can make the case harder for the State, it rarely guarantees dismissal.

Victims who wish to clarify their intentions can submit a Declination of Prosecution — a sworn statement indicating they do not wish to continue. However, this must be properly drafted by a skilled defense attorney to avoid issues like claims of recantation or perjury.

How a Skilled Attorney Can Help

Enhanced battery charges are complex. They can involve issues such as:

• Allegations involving a pregnant victim or senior citizen
• Questions of intent and knowledge
• Recanting or uncooperative witnesses
• Conflicting police reports and statements

A knowledgeable Orlando battery lawyer can identify weaknesses in the prosecution’s case, challenge enhancements, and negotiate for reduced or dismissed charges. These defenses often depend on small procedural details — the kind that can only be found through careful case analysis and experience.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.

Call an Experienced Orlando Battery Lawyer Today

Battery charges — especially enhanced ones — carry serious penalties and long-term consequences. Don’t face them alone. Contact an Orlando battery lawyer at the Law Offices of John P. Guidry II today for a free consultation and case review.

For experienced defense and trusted legal representation, reach out to the best Orlando criminal attorney to discuss your options.