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"
- Up to one year in prison
- Fine of up to $1,000
§ 784.03 (2) "Felony Battery"
- Up to ten years in prison
- A fine, totaling $5,000
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 48 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!