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
Miami criminal lawyer at the Law Office of Michael Mirer, P.A. to learn about your defense options!
Types of Florida Battery Charges
: 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.
: 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.
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)
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.