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Domestic Violence

Simple and Aggravated Battery

Whether an individual is facing simple battery charges or aggravated battery charges they are going to need the guidance and knowledge of a defense attorney. Battery charges of any kind can be serious and a defense attorney will be able to act in their client’s behalf to get the charges dismissed or reduced.

  • What are the penalties if found guilty of simple battery charges?
  • What are some defense strategies an attorney will use for their client?
  • What’s the difference between simple and aggravated battery?
  • When should a person with pending charges retain the services of a defense attorney?

If an individual either touches, hits or strikes another person there is the possibility that an alleged victim will press battery charges. Depending on the specifics of the crime a battery charge can fall under either a misdemeanor or felony crime. No matter the scenario and circumstances surrounding the battery charges a defense attorney will give an individual the best chances of having the charges dropped, dismissed or in the event they are found guilty have the penalties reduced.

In the Miami, Florida area simple battery is considered to be a first-degree misdemeanor. An individual can be charged with simple battery by the act of intentionally touching or striking another person against that persons will or if they intentionally caused bodily harm to another person. An individual does not have to be injured or hurt in order to file battery charges. If found guilty an individual may have to face one or a combination of the following penalties:

  • 1 year in jail
  • 1 year of probation
  • Up to $1000 in fines.

The penalties for being found guilty of aggravated battery are:

  • Up to 15 years in jail
  • Up to $10,000 in fines.

When it comes to defending battery charges there are a couple of defense strategies that a battery attorney may use. They are as followed:

  • Battery charges may be dropped if a defense attorney can prove that their client was acting in self-defense. Of course the means of self-defense has to be in the form of non-deadly force.
  • If there was consensual contact between the defendant and the alleged victim. This means that both the defendant and the alleged victim knowingly and willingly participated in an activity or event where they knew getting hurt was a possibility.

In Miami, Florida a misdemeanor charge can quickly go to a more serious aggravated battery in the blink of an eye. If a person experiences great bodily harm then an individual may be subject to aggravated battery charges. Another way that battery charges go from simple to aggravated is if the accused uses a deadly weapon while intentionally touching or striking another person.

When it comes to filing battery charges in the Miami, Florida area the state prosecutors are only ethically obligated to file charges if they think they can prove the alleged victims case beyond a reasonable doubt. This leaves a small window of opportunity for a defendant to retain the services of a battery attorney. If a defense attorney can provide evidence through their research and investigation and prove to the state prosecutor that their client did not commit any battery charges then it is possible that the charges will be dropped.

All assault and battery charges are different and quality battery attorneys will investigate and study the particulars of each individual case to give their client the best chance at having their charges dropped or reduced. If you or someone you know are facing assault and battery charges whether it is simple battery or aggravated battery the best chance you have in the court of law is going to be with a reputable attorney that has extensive experience defending individuals with battery charges.

Yale Galanter

Legal Disclaimer

The Galanter Law website should not be considered as actual legal advice, or legal recommendations. This website is designed for general information only. The information presented at this site should not be construed to be formal, legal advice or the formation of a lawyer/client relationship. The hiring of a lawyer is an important decision that should not be based solely upon advertisements, or online literature. Before you decide on a criminal defense attorney, ask Galanter Law to send you free written information about our qualifications and experience.