Battery & Assault Attorneys in Miami
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, but 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 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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Domestic Violence Strangulation – Case DismissedAt 4:38 PM law enforcement began to investigate, both the Defendant and Victim 1. The Defendant was taken into custody and taken into interview room for further questioning. The Defendant admitted that he and victim 1 were involved in a verbal dispute but denied that the incident ever became physical. The Defendant and the victims were inside the Defendants vehicle when the argument occurred. Victim 1 explained that the argument escalated when the Defendant slapped her on the left side of her face and moments later on twice on her left thigh. Upon arrival at their home, the Defendant grabbed victim 1 by her hair and shoved her on the bed and mounted her as she now laid next to victim 2. The Defendant then took a black semi-automatic handgun from his waist and stated aloud “Do you want to die today!” Victim 2 began to cry and Victim 1 fled the residence with their child. Victim 1 during the investigation disclosed the Defendant had battered her in the past and provided photographs of the three other events. The Defendant denied this accusations and advised that he was unaware she was injured on those dates. The Defendant was arrested and charged with domestic violence strangulation.
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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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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.
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 battery & assault attorneys can help you understand the specific charges you are facing and get to work on building your defense. In some cases, we may be able to negotiate with the prosecution to reduce the charges or get them dropped entirely.
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 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.
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Penalties for Battery 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 is often prosecuted as a first-degree misdemeanor, and penalties can include:
- Up to one year of jail time
- A fine of up to $1,000
Battery can also be charged as a third-degree felony, with potential punishments including:
- Up to five years of prison time
- Up to $5,000 in fines
Aggravated battery is prosecuted as a second-degree felony, and punishments can include:
- Up to 15 years of prison time
- Up to $10,000 in fines
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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.
