Under Florida Law, there are two types of battery: simple battery and aggravated battery. If you have been charged with battery, you first need to have an understanding of the difference between the two different types.
Any strike, hitting or attack to cause harm, against that individual’s will, is considered simple battery. A first degree misdemeanor, simple battery is punishable by up to one year of jail time. However, if there are prior convictions of battery, even simple battery, the charge can be considered a third degree felony offense and is punishable by up to five years in jail.
Aggravated battery is defined the same way that simple battery is; however, with aggravated battery, the actions of the accused have seriously physically harmed the victim. This charge considered a second degree felony offense and it is punishable with a jail sentence of up to 15 years.
Given the severity of both simple and aggravated battery, if you are brought up on charges for this type of crime, it is in your best interest to contact a Miami criminal defense lawyer as soon as possible.
Defense for Battery Charges
If you are facing battery charges, there is no doubt that you are feeling overwhelmed and that you are nervous about your future. However, take comfort in knowing that you are innocent until proven guilty; and, with an experienced Miami Criminal Defense Lawyer behind you, your chances of being proven innocent and having your case dropped will improve significantly.
In order to be found guilty and convicted of a battery charge in the state of Florida, the prosecution must be able to successfully prove one of the following to be true:
- You struck, hit, attacked or otherwise touched an individual against his or her own will
- Your contact with the individual was to intentionally cause harm to him or her
- You knowingly caused serious bodily injury, disfigurement or a permanent disability to the person who pressed charges against you
- You used a deadly weapon with the intent to cause harm or kill
It can be difficult for the prosecution to prove any of the above were the actual outcome of you touching the victim, or that you were, indeed, the person who committed the crime. With the representation of criminal defense attorneys in Miami behind you, your chances of actually being convicted of such charges will be significantly reduced.
A skilled Miami Criminal Defense Lawyer understands the intricacies that are involved with charging a battery case, and also understands the defense that can be used to disprove the charges. The skilled lawyers from our Miami criminal defense firm have defended dozens of battery cases, which lead to having charges dropped or cases dismissed. Some of the tactics we may use to defend your case include:
- Defense against the victim
- Protecting yourself under the Florida “Stand Your Ground” law
- You did not intend to make content with the victim or cause harm
- Mutual combat occurred or there was consent
If you have been charged with battery, you don’t have to face it alone; a Miami criminal defense attorney from our firm will have your best interest at heart and will work toward an outcome that will be favorable for you.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Miami Criminal Defense Lawyer.