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 anywhere in Miami-Dade County, it is imperative to consult an experienced violent crimes lawyer immediately.
Lawyer for Battery Arrests in Miami, FL
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.
Evan strongly and diligently defends clients charged with assault, battery, battery on a law enforcement officer, kidnapping, carjacking, and criminal offenses. Contact The Hoffman Firm at (305) 249-0090 to schedule a confidential review of your case.
The Hoffman Firm represents individuals in Miami, North Miami, Miami Beach, Coral Gables, and surrounding communities in Miami-Dade County, Florida.
Florida Battery and Aggravated Battery Information Center
- Battery Law Overview
- Penalties for Battery Conviction
- Aggravated Battery Overview
- Penalties for Aggravated Battery Conviction
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 is considered a more serious offense than a battery. Under Florida Code 784.045 an individual can be charged with aggravated battery if he or she commits the following:
- A battery wherein he or she intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
- A battery using a deadly weapon.
Deadly weapon is not explicitly defined by statute; however, the following items are considered deadly weapons:
- Metallic knuckles
- Tear gas
- Chemical weapon
The aforementioned list is non-exhaustive. It is important to consult an experienced battery defense lawyer about the specific facts in your case.
A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.”
Aggravated Battery is considered a second-degree felony.
If convicted of aggravated battery, a judge is required to impose a minimum prison sentence of no less than 21 months in prison and can also impose any combination of the following penalties:
- Up to Fifteen (15) Years in prison.
- Up to Fifteen (15) Years of probation.
- Up to $10,000 in fines.
The Hoffman Firm | Miami-Dade County Battery Defense Attorney
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.
Miami Criminal Defense Attorney Evan Hoffman and his team are very capable of mounting such a defense, and they are ready to help you. Give The Hoffman Firm a call today at (305) 249-0090 and receive your free consultation.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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