Battery & Aggravated Battery in Miami

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:

• Firearm
• Dirk
• Metallic knuckles
• Billie
• Tear gas
• Gun
• 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.

Call } for more information about our legal services.