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Simple and Aggravated Battery

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Battery Lawyer in Miami, FL

Have You Been Charged with Battery in Miami?

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

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 battery lawyer will give an individual the best chances of having the charges dropped, dismissed, or ꟷ in the event they are found guilty ꟷ have the penalties reduced.

What Are the Penalties if Found Guilty of Simple Battery Charges?

In the Miami 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 person’s will or intentionally causing 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.

What Are Some Defense Strategies an Attorney Will Use for Their Client?

When it comes to defending battery charges, there are a couple of defense strategies that a battery lawyer may use.

They are as follows:

  • Battery charges may be dropped if a battery lawyer 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.

What’s the Difference Between Simple and Aggravated Battery?

In Miami, a misdemeanor charge can quickly go to a more serious aggravated battery charge 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 Should a Person with Pending Charges Retain the Services of a Miami Battery Lawyer?

When it comes to filing battery charges in the Miami, FL area, the state prosecutors are only ethically obligated to file charges if they think they can prove the alleged victim’s case beyond a reasonable doubt. This leaves a small window of opportunity for a defendant to retain the services of a battery lawyer. 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 a quality battery lawyer 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 a 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.

The easiest and most effective way to handle your case is to hire our Miami traffic crime offenses lawyer, who will go above and beyond to help minimize the impacts of your charges. Contact Galanter Law, P.A. at (305) 440-4006 to get started!


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