Aggravated assault and aggravated battery are serious felonies charged in Miami Dade County when law enforcement deems an allegation is more serious than a simple misdemeanor assault or battery charge. Aggravated assault and aggravated battery are both felonies in the State of Florida. Anyone charged with aggravated assault or aggravated battery in Miami should seek immediate counsel with a Miami criminal defense lawyer. At Pagan & Stroleny, P.L. we frequently defend clients charged with aggravated assault and aggravated battery. Our criminal attorneys are familiar with the Miami Dade State Attorney’s Office and know what to expect when defending clients charged with aggravated assault or aggravated battery. Pagan & Stroleny, P.L. attorneys are former prosecutors and have the experience to successfully defend allegations of aggravated assault or aggravated battery and will work hard to defend your case.
Aggravated assault is (1) an assault with a deadly weapon without the intent to kill; or (2) an assault with the intent to commit a felony. Aggravated assault is a third degree felony and those found guilty of aggravated assault may be sentenced up to five (5) years in prison. Aggravated assault does not require an intent to injure, instead it requires only the intent to cause the victim fear of an immediate attack. Without a well-executed legal defense, those charged with aggravated assault face serious life changing consequences. An example of aggravated assault is someone pointing a knife or firearm at another person to scare them.
A person commits aggravated battery by (1) committing a battery and intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement; or (2) by committing a battery and using a deadly weapon. Aggravated battery also includes the commission of a battery by a defendant against a victim who is pregnant at the time of the offense, but only if the offender knew or should have known of the pregnancy. A defendant found guilty of aggravated battery is guilty of a second degree felony and can be sentenced to up to fifteen (15) years in prison.
Use of a Firearm During Aggravated Assault or Aggravated Battery
It is very important to remember that if the defendant possesses or uses a firearm during the commission of an aggravated assault or aggravated battery, the offender will likely be subject to enhanced penalties. In Florida laws have been passed to punish even the mere possession of a firearm or destructive device during the commission of an aggravated assault or aggravated battery. For the purpose of this description, “possession” is the carrying of a weapon with you or having the weapon within your immediate reach and having the intent to use it while committing a crime.
You should always consult with a criminal defense lawyer about any aggravated assault or aggravated battery charges because the mandatory minimum sentences for aggravated assault and battery when in possession of a firearm or destructive device are significant:
Aggravated assault: minimum three (3) years imprisonment while in possession of gun or destructive device
Aggravated battery: minimum ten years (10) imprisonment while in possession of gun or destructive device, and
If the weapon alleged to have been used is a semi-automatic weapon or a machine gun the minimum mandatory is enhanced to fifteen (15) years imprisonment.
Defenses to Aggravated Assault and Aggravated Battery
No two cases are the same and it would be near impossible to list all the potential defenses to aggravated assault and aggravated battery, however below are some of the more popular defenses.
Lack of intent to touch or strike;
Stand Your Ground;
Defense of Others;
Consent or Mutual Combat;
No intent to cause great bodily harm, disfigurement, etc.;
The instrument or object used is not a “deadly weapon”.
Florida’s penalties for aggravated assault and aggravated battery are severe and our Miami criminal defense lawyers scrutinize every element of your case to provide you with the best possible defense at this difficult point in your life. Furthermore, defending aggravated assault and aggravated battery charges requires understanding complex defenses unique to these types of cases. Contacting a criminal defense attorney early on ensures you’re not missing out from defenses that may not be available later on down the line.
Former Miami Dade State Attorneys and founding Pagan & Stroleny, P.L. attorneys, Christopher Pagan, Esq. and Julian Stroleny, Esq., have defended hundreds of cases in Miami Dade County, from DUIs to violent homicides. Aggravated assault and aggravated battery charges are serious and should not be handled without serious criminal defense representation. Due to the severity of the potential consequences, our office believes it is important for everyone to understand the charges they face. It is so important that we offer free consultations for all potential clients, regardless of the criminal charge. Contact us now for a free consultation and see what Pagan & Stroleny, P.L. can do to help you.