Aggravated battery is a very serious crime and if found guilty an individual’s life will be forever changed. A defendant needs to take advantage of their opportunity to retain the services of the best defense attorney possible as fighting aggravated battery with a weapon charge is not going to be an easy feat.
- What is aggravated battery?
- What are the penalties for aggravated battery?
- What are possible defense strategies an attorney may use for aggravated battery with a weapon charge?
- What must state prosecutors do to achieve a guilty verdict?
In Miami, Florida aggravated battery with a weapon is defined as:
- A person commits aggravated battery if the act causes great bodily harm, permanent disability, or permanent disfigurement using a weapon to the alleged victim
- Using a deadly weapon in the act of committing a battery
- A pregnant woman battery is defined as using a weapon while battering a person who is pregnant
A battery with weapons attorney will gather all the evidence surrounding the deadly weapon battery charge or aggravated battery charge and then form a defense that will give their client the best chance at receiving a favorable verdict. In some cases that aggravated battery charge will be dropped. Some scenarios allow the aggravated battery charge or deadly weapon battery charge to be reduced to a less serious crime. In the event that there is a guilty verdict it may be possible for a defense lawyer to accept a plea bargain with the judge and prosecutor to get their client reduced penalties.
In Miami, Florida an aggravated battery falls under a second-degree felony. Under the Florida Criminal Punishment Cardiff, an individual is found guilty of aggravated battery it is mandatory for the judge to sentence the guilty party to 21 months in prison.
In addition the following penalties can be handed out depending on the circumstances of the case:
- 15 years in prison
- 15 years of probation (this gives law enforcement the right to search you or your property at any given time)
- Up to $10,000 in fines
Depending on the evidence and the testimonies given defenses that may be formed by a battery with weapon lawyer are:
- If the defendant was acting in self-defense. This form of defense is only applicable if the defendant did not use deadly force
- If the alleged victim and the defendant both knowingly participated in an event where they knew there was the possibility of someone being seriously injured
If you are facing aggravated battery with a weapon charge in Miami, Florida retaining the services of an experienced attorney who will be able to form a battery with weapon defense is the best course of action you can take. The state prosecutors in Miami, Florida are going to come to trial prepared and without a strong defense the chance at losing your freedom is high.
In order for a guilty verdict to happen the state must prove beyond a reasonable doubt that an individual committed every element of the aggravated battery beyond a reasonable doubt. In the event that the state prosecutor fails to prove just one of the elements of an aggravated battery case, then there is no choice but to find the defendant innocent.
In an effort to prove their clients innocence a battery with weapon lawyer will be able to get access to all the evidence that the state plans on presenting in the trial. Some circumstances will allow a defense attorney to make motions to remove some evidence from the deadly weapon battery case or an aggravated battery case.
Proceeding to go to court to defend deadly weapon battery charges or aggravated battery charges without a veteran defense attorney is a mistake that a defendant will likely pay a long time for. Protect your rights and freedom to the best of your ability and retain the services of the best defense attorney possible.