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Battery and Aggravated Battery in Florida

Miami Criminal Defense Attorney

Battery is a violent crime that is charged when the defendant is accused of purposefully causing harm to a victim. Although often charged along with the crime of assault, these are two separate offenses that carry distinct penalties. If you are charged with battery, it is important to understand the allegations made against you and the possible sentences you could receive. Speak with our experienced Miami criminal lawyer at the Law Office of Michael Mirer, P.A. to learn about your defense options!

Types of Florida Battery Charges

  • Battery : Statute 784.03 defines battery as intentionally touching or striking a victim against their will or intentionally causing harm to a victim. A first offense of battery is a first degree misdemeanor, and the sentence for conviction could include up to 1 year in county jail and a $1,000 fine. If the defendant has at least one prior conviction for battery, the offense is charged as a third degree felony, and is punishable by up to 5 years in prison and a fine of as high as $5,000.
  • Felony Battery : Under statute 784.041, a defendant can be charged with felony battery if they intentionally touch or strike a victim against their will and cause permanent disability, disfigurement, or great bodily harm. This crime is a third degree felony, and the sentence can include up to 5 years in prison and a fine of up to $5,000.
  • Aggravated Battery: The crime of aggravated battery is defined in statute 784.045 as committing battery through the use of deadly weapon or intentionally causing serious bodily harm, or permanent disability or disfigurement. A battery charge can also be aggravated if the defendant is accused of committing the offense against a pregnant woman and they had knowledge of the pregnancy or should have had knowledge of it. This crime is charged as a second degree felony, and conviction can result in up to 15 years in prison and a fine up to $10,000.

Battery on Law Enforcement Officer (Battery on LEO)

Committing assault or battery on a law enforcement officer is a serious offense. In Florida, the penalties for battery escalate if the victim was a law enforcement officer of any kind. For example, simple battery may be a first degree misdemeanor, punishable by up to 12 months in jail. Battery on a police officer, however, will be escalated from a first degree misdemeanor to a third degree felony, which is punishable by up to 5 years in Florida state prison.

Aggravated battery charges will escalate from a second degree felony to a first degree felony, which is punishable by up to 30 years in prison. A mandatory minimum term of imprisonment of 5 years will be implemented by the court for an aggravated battery on a law enforcement officer conviction.

Enlist Powerful Legal Advocacy

Have you been accused of battery? Talking to an experienced Miami criminal defense attorney at the Law Office of Michael Mirer, P.A. is important if you are to exercise your Constitutional right to legal counsel and have the opportunity to avoid a conviction for this misdemeanor or felony offense. An attorney can protect your rights and also can work to minimize any negative consequences that may arise from your arrest. By protecting your interests and asserting your rights throughout the entire criminal process, your lawyer can help ensure that you are not taken advantage of or treated unfairly by law enforcement, the District Attorney or any member of law enforcement who may try to do whatever they can to secure evidence and a criminal conviction against you.

As an experienced trial attorney and a former Miami-Dade prosecutor, Michael Mirer has the experience and background you should look for in your criminal lawyer. He understands both sides of the criminal process in Florida and is thoroughly dedicated to defending his clients' rights in the face of all types of violent crime charges. Whether you have been accused of assault, battery, assault and battery, or battery on a law enforcement officer, Attorney Michael Mirer can offer you the legal counsel you need. Contact the Law Office of Michael Mirer, P.A. to discuss your defense options.

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