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Battery & Aggravated Battery in Miami
Helping Clients in Miami & Fort Lauderdale, FL
Accusations and charges of battery and aggravated battery arise for in a variety of situations, including an argument that got out of hand or an attempt to defend oneself in an altercation. Often, individuals do not grasp the seriousness of the offense until he or she is facing jail time or steep fines. Even if no one is seriously injured, the accused can face up to 1 year in prison, a fine of $1,000, or both.
If you have been accused or charged with battery or aggravated battery in Miami or Fort Lauderdale, it is imperative to consult an experienced lawyer who handles violent crimes immediately. Attorney Evan Hoffman is a criminal defense lawyer based in Miami, Florida. For over 20 years he has advocated for the rights of the people of Miami—first, as a prosecutor and now, as a defense attorney.
Call (305) 928-1669 and schedule a free consultation today.
Under Florida Code 784.03 a battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person. Commonly, battery charges arise when the parties fight or engage in mutual combat.
When parties engage in mutual combat, it can be argued the parties consented to the battery. Consent is a viable defense to battery charges; however, this is only a viable defense when the defendant was not the primary aggressor.
Also, an injury is not required to be charged and convicted of battery in Florida. Florida law only requires intentional and actual touching of the person or an extension of the person.
Battery is considered a first-degree misdemeanor. First-degree misdemeanors are punishable by up to one-year imprisonment and/or a fine of no more than $1,000.
A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree. A third-degree felony is punishable by up to 5 years in jail and a fine no more than $5,000.
Aggravated Battery Laws & Penalties in Florida
Aggravated battery is considered a more serious offense than a battery in various ways.
Under Florida Code 784.045 an individual can be charged with aggravated battery if he or she commits one of the following:
- A battery wherein he or she intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement
- A battery using a deadly weapon
- A battery against a pregnant individual
Deadly weapon is not explicitly defined by statute; however, the following items are considered deadly weapons:
- Metallic knuckles
- Tear gas
- Chemical weapon
Aggravated Battery is considered a second-degree felony. If convicted of aggravated battery, you could serve up to 15 years in prison and/or pay up to $10,000 in fines.
Let Us Protect Your Rights & Future
There are several strong defenses that can be mounted against charges of battery and or aggravated battery. If you are fighting charges of any form of a battery, having a good defense strategy will give you a good shot at limiting the penalties, or even possibly having your charges dropped.
Our Miami battery defense attorney at The Hoffman Firm has the ability to mount such a defense. We are ready to help you get the most favorable result possible today.
Client-Focused RepresentationOur Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
Decades of ExperienceAttorney Evan Hoffman has over two decades of experience fighting for the accused.
Premier Criminal Defense FirmExperienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
Proven Track RecordClient satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
Florida Former State ProsecutorAttorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
Free Initial ConsultationWe offer free initial consultations to ensure that we have your best interests in mind.