Miami Battery Defense Attorney
Legal Advocacy for Battery & Assault Charges in Miami, Florida
Thousands of individuals are charged with assault and battery in the state of Florida each year. However, not many people realize the distinction between these two distinct offenses. The primary difference between these charges is that assault refers to the threat of violence, while battery is the actual use of physical force.
Battery, described under Florida Statutes §784.03, is the actual and intentional physical striking of one person against another. When the offender is proven to have intentionally caused bodily harm to the victim, the defendant can be convicted of battery.
If you have been charged with battery in Miami-Dade County, we encourage you to seek experienced criminal defense counsel at Beckham Solis, Attorneys at Law. With a former prosecutor and former public defender on our team, we are well-qualified to strategically address your case and aggressively pursue the best possible result.
Call (786) 244-8010 or reach out online for a free consultation with a Miami battery & assault lawyer!
VICTORY BEGINS WITH BECKHAM SOLIS
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Felony Drug Possession – Case DismissedAt 3:47 AM, law enforcement officer observed the Defendant sitting on the bus stop past curfew. The officer conducted a subject check to find the reasons the Defendant was stationary at the location. The Defendant stated that he was playing a game that required him to be seated. The officer then conducted a pat down and a sharp pointy object was discovered in the Defendant’s left pocket. The Defendant identified the oil as liquid marijuana inside of the pen. The Defendant was then arrested as during curfew period no person shall make use of any streets or sidewalk for any purpose expect active duty, police, fire-rescue first responder, medical health care and utility repair person as well as those returning to their home from work of employment. Defendant charged with felony drug possession.
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2nd Degree Murder – Case DismissedAt 7:43 PM, the Defendant who was a Miami-Dade Public Transit employee surrendered at the Miami-Dade Police Department. The Defendant and the victim engaged in a heated verbal dispute over which exit door the victim was supposed to utilize. The victim was belligerent and yelled obscene remarks to the Defendant who remained on the driver’s seat. The victim reached the Defendant driver’s side window and states the Defendant yelled “F****, Die b****, Jesus is going to kill you.” The Defendant proceeded to intentionally drive and steer the bus in the direction of the victim, cause the bus to run over the victim, leaving the victim under the bus. The victim was transported to Aventura Hospital in critical conditions. The victim sustained fractures to his left foot, left acetabular fracture, C5/ 6 interior superior end plate fractures, C4 transverse process fracture, left pulmonary contusions, contusions to the right hip, and abrasions to the right knee. The Defendant was charged with 2nd degree attempted murder.
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Grand Theft, Domestic Violence, and Aggravated Battery – Case DismissedAt 11:30 AM, law enforcement was dispatched in emergency mode in reference to a domestic battery. The officer made contact with the Defendant who stated that he and the victim got into a verbal argument. The victim decided to leave with the child. The victim stated that the Defendant began to argue with her reference to her being pregnant. The victim explained that he got aggressive, grabbed her by the neck and chocked her. The victim also states that he let her go when he noticed she couldn’t breathe. The Defendant was arrested and transported to TGK, charged with Grand Theft, domestic violence strangulation, and aggravated battery on a pregnant woman.
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Felony Attempted Burglary – Case DismissedAt 10:50 PM, law enforcement was dispatched in emergency mode to respond to a burglary in progress. The officer made contact with victim and he stated that he observed through the peep hole a male with a black shirt wearing a mask and hitting his apartment door with a hammer. The Defendant was attempting to gain force entrance. Victim 1 stated that the Defendant looked like his neighbor who had several disputes in the past with others neighbors and provide the officer with the Defendant’s apartment number #107. The officer made contact with the Defendant and his grandmother. The grandmother stated that the Defendant keeps the hammer in his closet and provide it to the officer. The witness who lives nearby said she heard a loud noise and stepped outside to see what it was. The witness observed the Defendant hammering the door and described the Defendant. She also stated she recognized him as a male who lives in APT#107. The Defendant matched the description and was arrested, charged with Felony Attempted Burglary of an occupied dwelling.
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Aggravated Assault w/ Deadly Weapon, Domestic Violence, and Child Abuse – Case DismissedAt 4:28 PM, officer was dispatched in reference to a domestic disturbance between a father and son. Upon arrival, the officer made contact with the Defendant who stated he had a physical altercation with his father. The Defendant stated that he arrived to the residency where he lives with his mother and father; and then a verbal argument ensued with his father which led them to confronting each other in the backyard of the residence. The Defendant also states that his father struck him on the right side of his face causing a litigation to his right eyebrow. The officer observed a strong odor of alcohol from the Defendant. The victim stated the Defendant arrived to the residence in a bad mood and began to argue with his mother at which time the victim intervened. The victim also states that the Defendant repeatedly struck him while they were on the ground. The mother of the Defendant then confirmed this. The Defendant was arrested and charged with aggravated assault with a deadly weapon, domestic violence strangulation, and child abuse.
What are the Types of Battery Charges and Penalties in Florida?
The consequences of a battery conviction in Florida can vary significantly based on the nature of the charges brought against you. Factors such as the circumstances surrounding the incident, the severity of the injuries inflicted on the victim, and any prior criminal history will influence the outcome. For example, a simple battery charge, typically involving minor injuries or no injuries at all, tends to lead to lighter penalties compared to aggravated battery, which involves more severe circumstances.
Simple Battery (Misdemeanor Battery)
Defined under Fla. Stat. § 784.03, this involves Intentionally touching or striking another person without their consent and/or causing bodily harm.
- Penalties: First-degree misdemeanor punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.
Felony Battery
Occurs when the accused has a prior battery conviction or causes great bodily harm, permanent disability, or disfigurement. Charged under Fla. Stat. § 784.041.
- Penalties: Third-degree felony punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.
Aggravated Battery
A more severe offense that includes the use of a deadly weapon, battery against a pregnant victim or the intentional infliction of serious injury.
- Penalties: Second-degree felony with a maximum of 15 years in prison and a $10,000 fine.
Domestic Battery
Battery against a household or family member, including spouses, former partners, or co-parents. Domestic battery often leads to no-contact orders, required counseling, and social stigma.
How Does a Battery Charge Become Aggravated in Florida?
In Florida, a battery charge can be elevated to aggravated battery under certain circumstances that demonstrate increased severity. Typically, a battery is defined as the intentional infliction of bodily harm upon another person. However, your offense can be increased to aggravated battery for a few different reasons.
You may face increased aggravated battery charges in Florida under the following circumstances:
- A deadly weapon, such as a gun, was involved in the incident
- The prosecution believes you intended to cause great bodily harm, permanent disfigurement, or permanent disability
- The prosecution believes you knew or should have known the victim was pregnant
Aggravated battery is considered a second-degree felony and comes with more severe penalties compared to misdemeanor battery charges. Our Miami-based team is adept at leveraging our understanding of local law enforcement and judicial practices to advocate fervently on behalf of our clients. We provide a comprehensive approach, assessing all evidence and witness testimony to build a robust defense.
What is Battery on a Law Enforcement Officer in Florida?
Battery on a law enforcement officer is another subcategory of a battery charge. The state of Florida vigorously prosecutes those who have violently acted against a law enforcement officer. Heightened penalties are enacted for those who enact intentional physical harm on those who are carrying out their public law enforcement duties.
Prosecutors must prove four key factors to secure a conviction for battery of a law enforcement officer:
- The accused directly intended to batter the victim
- The victim was a law enforcement officer at the time of the incident
- The accused knew the victim was a law enforcement officer at the time of the incident
- The law enforcement officer was lawfully engaged in his or her duties at the time of the incident
Battery against a law enforcement officer is treated with the utmost severity, often resulting in enhanced penalties that include mandatory minimum sentences. Understanding the precise definitions and evidentiary requirements is crucial. Our legal team at Beckham Solis, Attorneys at Law is experienced in uncovering procedural errors and rights violations that may have occurred during an arrest or investigation. These insights can be pivotal in challenging the prosecution’s narrative and potentially securing alternative sentencing options.
How Is Assault Different from Battery in Florida?
Generally, an assault occurs when someone makes a threat of harm against another person. The offense is often paired with battery, but again, it’s important to note that these are two separate acts – and Florida identifies them as such.
Let Beckham Solis Fight for You When You Are Facing Battery or Assault Charges
When facing assault or battery charges, you need the legal assistance of a dedicated criminal defense firm. We can devise a strong defense strategy that is appropriate for your case. With a thorough investigation of each detail of the alleged offense, we may find opportunities to negotiate your charges down to a lower offense.
Our firm places great emphasis on understanding the personal circumstances of each client. This individualized focus allows us to customize our defense strategies to not only address the charges but also to support the client's broader needs. Whether it is preserving employment opportunities or maintaining familial relations, our dedicated approach aims to support our clients’ lives beyond the courtroom.
We utilize every available resource, from expert witnesses to forensic analysis, to challenge the evidence presented by the prosecution. The credibility of evidence is crucial, and we leave no stone unturned in scrutinizing its validity.
Our Miami battery & assault attorneys have over 35 years of collective experience and are ready to listen to your story. Schedule your free consultation by calling (786) 244-8010 or contacting us online today.
hear how we made a difference
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"They went above and beyond with closing everything in a timely manner."
The staff at Beckham Solis did an amazing job handling my case. They went above and beyond with closing everything in a timely manner. They were very reasonable with pricing and very flexible with payment. Barbara was very helpful answering any questions or concerns that I had. I highly recommend these law professionals to handle any legal matters you may need resolved.
- Joel D. -
"They made a difficult situation better."Few years back I ran into some legal trouble and was recommended to Beckham Solis by a friend. I had never had to deal with any of this so, it was quite terrifying, to be honest. I walked into his office a nervous wreck, walked out confident and taken care of. Great service. Answers all calls whenever you need help and advice; they made a difficult situation better. I greatly recommend this firm the best !- Carlens E.
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"Great response rate, amazing customer service."Beckham Solis, Attorneys at Law, has always been available to answer all my questions. They offer a great response rate, amazing customer service, and a team that genuinely cares about its clients. Thank you, everyone, for everything!- Fabrizio Q.
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"Professional, attentive, and efficient."Service has been top-notch since February. Beckham Solis, Attorneys at Law, are professional, attentive, efficient, experienced, and qualified. My case was quickly resolved, and I'm very thankful. Extremely happy with the outcome and highly recommend this firm.- Carolina G.
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"Experience, expertise, and support."I worked with Beckham Solis, Attorneys at Law, for two years. Their experience, expertise, and support helped me make the best decision to save my life. I was facing serious time, but it was all adjudicated. They got me out of the worst time of my life. Th- J.D.
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"Knowledgeable, skilled professionals!"I'm so happy I found these lawyers on the Internet. I was very nervous and scared when I walked into the office, thinking a bad outcome could change my life drastically. They were able to get my case dismissed! I highly recommend Beckham Solis, Attorneys a- Leonel D.
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"Thanks to their experience and hands on attitude my case was dismissed."
I highly recommended Beckham & Solis, for a top notch professional & straight forward criminal defense representation. They are fast, on point & available at anytime. Thanks to their experience and hands on attitude my case was dismissed. It is a total life changer. Thanks so much to the whole team you are the Best!
- Luis C. -
"Top notch attorneys and staff that are fully committed."
Top notch attorneys and staff that are fully committed to walking you through every step of the legal process. I would recommend this legal powerhouse to anyone who is seriously looking to challenge their case and expecting a positive outcome. Thank you for everything Beckham and Solis!!
- Steve B.
STAY IN THE KNOW
Understanding the Impact of a Battery Conviction in Miami
A battery conviction in Miami can have lasting effects on a person's life, extending far beyond the immediate legal penalties. Individuals convicted of battery can face challenges such as difficulty securing employment due to criminal background checks, loss of personal and professional relationships, and an overall negative impact on their reputation in their community. These ramifications underscore the importance of a robust defense to mitigate the long-term consequences.
Moreover, a conviction can limit access to various professional licenses or certifications required for certain careers. For instance, jobs in education, healthcare, and childcare often require clean criminal records. Thus, an effective defense is imperative not only to avoid conviction but to preserve future opportunities. At Beckham Solis, Attorneys at Law, we focus on strategies that aim to minimize these impacts while working to secure the best possible outcome for our clients.
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Miami’s breakup with spring break and its DUI crackdown
Common FAQs on Battery Charges in Miami
What Is Considered "Self-Defense" in Miami Battery Cases?
Self-defense is often a viable defense in battery cases and is protected under Florida law. For an action to be considered self-defense, the individual must reasonably believe that using force was necessary to protect themselves from imminent harm. This belief must be both genuine and reasonable from an objective standpoint. The law also incorporates the "Stand Your Ground" principle, eliminating the duty to retreat if attacked. It's essential for individuals to demonstrate that their response was proportionate to the threat they faced.
In Miami, courts consider various factors to substantiate claims of self-defense, including witness testimony, physical evidence, and the perceived threat level. At Beckham Solis, Attorneys at Law, we closely evaluate these elements to fortify your defense and challenge any inconsistent narratives presented by the prosecution, thereby increasing your chances of a favorable outcome.
Can Battery Charges Be Expunged from My Record in Florida?
In Florida, the possibility of expungement or sealing of battery charges depends upon several conditions, including whether the charges were dropped or resulted in a conviction. Generally, successfully expunging a record can remove the incident from accessible court records, limiting visibility to employers and other background checks. However, eligibility often hinges on the outcome of the charge; individuals convicted of battery may face challenges in removing the charge from their record.
The expungement process is complex and requires meticulous adherence to specific legal criteria. At Beckham Solis, Attorneys at Law, we provide guidance through this intricate process, ensuring all procedural requirements are met while advocating for your right to a clear record.
How Long Do Battery Cases Take to Resolve in Miami?
The duration of battery cases in Miami can vary widely based on factors such as the complexity of the case, the volume of evidence, and court caseloads. Typically, resolution could range from a few months to over a year. For defendants, this timeframe can be stressful, especially given the stakes involved.
Our approach at Beckham Solis, Attorneys at Law involves proactive case management to expedite processes without compromising on defense quality. This includes diligently preparing all necessary documentation, engaging in early negotiations when beneficial, and staying responsive to court requirements.
What Should I Do If Falsely Accused of Battery in Miami?
Being falsely accused of battery is a serious situation that requires prompt legal intervention. The first step is securing competent legal representation to protect your rights from the outset. Gathering evidence to prove your innocence is crucial; this may include physical evidence, eyewitness accounts, or other documentation supporting your alibi.
At Beckham Solis, Attorneys at Law, we advocate vigorously for clients wrongfully accused, focusing on crafting a strong defense that disproves all allegations, aiming to prevent the incident from escalating further through situational analysis and negotiation with prosecutors.
How Does Florida’s "Stand Your Ground" Law Affect Battery Charges?
Florida’s "Stand Your Ground" law permits individuals to use force, including deadly force, if necessary, to defend themselves against an imminent threat without the obligation to retreat first. This law can play a crucial role in defending against battery charges when the accused acted in self-defense. Successful use of this defense requires clear evidence showing the perceived threat’s immediacy and severity.
Our team scrutinizes all evidence related to the incident, such as video footage or witness testimonies, to substantiate your claim under this law. Understanding the intricacies of Florida's self-defense laws is pivotal to presenting an effective defense.
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Self-defenseWe could assert that you acted to protect yourself from imminent harm. To successfully pursue this defense, we must be able to demonstrate that the threat was immediate and that your response was proportional to the perceived threat.
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Acting in defense of othersSimilar to self-defense, we could argue you took reasonable steps to protect another individual from harm. This requires establishing that your belief in the need to protect others was reasonable and that the actions taken were necessary and proportional to the perceived threat.
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ConsentIf both parties consented to engage in an activity where physical contact is expected, the agreement may serve as a defense against assault and battery charges.
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Accidental harmEstablishing that your actions leading to the alleged battery were entirely accidental can serve as a powerful defense. This defense asserts that there was no intention to cause harm and that any injury occurred due to unforeseen circumstances.
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Mistaken identityWe could pursue a mistaken identity defense if you believe you were wrongfully accused of the crime due to misidentification. This strategy can involve presenting evidence that demonstrates your alibi, discrepancies in witness statements, or the unreliability of eyewitness accounts. If successfully argued, this defense can create reasonable doubt.
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False allegationsUnfortunately, false accusations involving assault and battery do occur. In these cases, we can challenge the credibility of the accuser or present evidence that contradicts the claims made against you. This may involve showcasing inconsistencies in the accuser’s statements or providing alibi evidence that demonstrates your innocence.
Defenses to Florida Battery & Assault Charges
Here are a few potential defense strategies our Miami battery & assault lawyers may explore:
You will likely need a strong defense strategy to protect yourself against an assault
and/or battery conviction. At Beckham Solis, Attorneys at Law, we can inform you of the available
defense strategies and aggressively pursue a dismissal of your charges.
Why Partner with Beckham Solis, Attorneys at Law?
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Distinguished ReputationOur reputation is backed by numerous awards and recognitions.
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Comprehensive Team ApproachWe give you the benefit of three accomplished attorneys.
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35 Years of Combined ExperienceOur team will help you get the results you deserve.
