Miami Battery Defense Attorney
Battery occurs when a person intentionally strikes someone else or purposefully causes physical harm to another person. With the exception of certain circumstances, battery is a first-degree misdemeanor crime, punishable by one year in prison and a $1,000 fine.
Felony battery is a more serious offense with elevated penalties. Felony battery occurs when the perpetrator commits battery with a prior battery or felony battery conviction. This offense is a third degree felony, punishable by a $5,000 fine and ten years in prison.
Understanding the Penalties for Battery & Felony Battery
§ 784.03 (1)(a) “Battery”
§ 784.03 (2) “Felony Battery”
What is felony battery?
Felony battery is an umbrella term that refers to two separate crimes: felony battery and domestic battery by strangulation. Felony battery (without a prior offense) occurs when an individual commits battery resulting in serious bodily harm, a disability, or disfigurement.
Domestic battery by strangulation involves violence between household members, where one person intentionally blocks the other’s ability to breath. According to § 784.041(2)(b), this law applies to family members and individuals who are in a dating relationship.
Defenses for Battery
- Self Defense is one of the most commonly cited defenses for battery. If the alleged victim threatened or attempted to harm the defendant, the defendant may be justified in striking the alleged victim.
- Defense of Others, another common defense tactic for battery, asserts that the defendant struck or injured another person in an attempt to protect an innocent third party. This defense is similar to self-defense.
- Consent is an unlikely (but often effective) defense strategy for battery charges. In some cases, the defendant may demonstrate that the alleged victim agreed to participate in an act that led to his / her injury.
Put Our Experience to Work for You
At Parks & Braxton, you can have the experience of a former domestic violence prosecutor on your side. Our attorneys have a wide range of legal experience; one of our lawyers was even the lead attorney for the State Attorney’s Office, Domestic Violence Unit. Using our in-depth understanding of assault and battery charges, we can create an effective strategy to fight the charges held against you.
Why You Should Choose Parks & Braxton, PA
Our lawyers have served clients for more than 40 years. We are client-focused, and available to take your calls at any time. In addition to our experience, we have been featured on ABC, NBC, Fox News, and other media outlets. Additionally, our lawyers have been named Florida Super Lawyers® and are AV® Rated by Martindale Hubbell®. Call our office today to schedule your first consultation with our firm.
Call a Miami Criminal Lawyer Today
As a former prosecutor for Broward County State Attorney’s Office, attorney Andrew Parks brings his unique insight and experience to our distinguished criminal defense team. We utilize every resource available to construct the best defense possible against your charges of battery because we know what is at stake.
The penalties for battery will increase depending on whether you are charged with simple battery, aggravated battery or felony battery. Any previous convictions will also play a role in the penalties for a battery conviction. To avoid the stress and uncertainty of handling criminal charges on your own, call our firm today!