Have You Been Charged With Battery?

Miami Battery Attorney

Battery: Intentionally Causing Serious Bodily Injury

The charge of battery, unlike assault, involves actually and intentionally touching another person against his or her will or the intention to cause great bodily injury to another. When a person intentionally or knowingly causes severe bodily injury, permanent disfigurement, or permanent disability, or battery on a pregnant woman this, is called aggravated battery. A person who commits battery and who waves a weapon before, during, or after committing battery may be charged with armed battery. Battery as a first offense carries severe penalties if convicted. Penalties are increased for a second or subsequent offense. For more information, click here to read about battery and felony battery (Florida Statutes §784.03 (2011)).

If a verbal disagreement turned physical and you are facing a charge of battery, your best chance of protecting your future is by making your side of the story known to legal counsel who is highly motivated to help you. The prosecution will likely bring witnesses to testify against you. Even though witnesses have been proven to misremember the sequence of events in highly charged situations and even exaggerate what happened when reporting to police, their version will likely be accepted as true. You need insightful representation that will expose the truth. The Miami criminal defense lawyer at the firm can look for evidence to support your case while preparing your defense in order to obtain a successful outcome.

Felony Battery and Aggravated Battery

There are different types of battery, as alluded to earlier. Battery is sometimes charged as a misdemeanor, but aggravated circumstances can elevate this charge to felony battery (§ 784.041). For example, domestic battery by way of strangulation falls into this category. For a felony battery charge to stand, two acts must have occurred: 1) intentionally touching/striking another person against that person's will, and 2) causing great bodily harm (as opposed to minor bodily harm) or permanent disability/disfigurement. Aggravated battery is charged when an individual intentionally causes great bodily harm by use of a deadly weapon. This is charged as a second degree felony in the state of Arizona. Florida also has laws regarding battery on specific individuals, such as law enforcement officers, health services personnel, prison detainees and more. To view more about the various types of battery charges in Florida, view Chapter 784 of the statutes.

Call Us for Experienced Criminal Defense in Miami

Battery may be charged as a misdemeanor with a sentence of up to one year in prison or a felony which may be punishable up to a life sentence. Investigators typically are interested only in locating sufficient evidence to make an arrest and allow the prosecutor to gain a conviction. You are advised not to answer any questions not even from family or friends until you have spoken with your legal counsel.

The firm offers a free case evaluation to all prospective clients, so get serious criminal defense against battery charges and contact Attorney Tomas today!


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