Legal Advocacy For Battery Charges In Miami, Florida
Thousands of individuals are charged with assault and battery in the state of Florida each year. Not many individuals, however, know the distinction between these two 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, 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 address your case strategically and aggressively to pursue the best possible result.
Call 305-564-4329 today for a free consultation with a Miami battery attorney!
Aggravated Battery Charges In Miami
As the defendant of a battery charge, your offense can be increased to aggravated battery for a few different reasons.
The charge may be increased to aggravated battery if the defendant either:
- Was aware that he or she was causing great bodily harm, permanent disfigurement, or permanent disfigurement
- Used a deadly weapon
Battery charges can also be increased if the defendant was aware that the victim was pregnant.
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 on those who enact intentional physical harm on those who are carrying out their public law enforcement duties.
In order for a conviction of battery on a law enforcement officer to take place, two factors must be proven. Prosecution must provide substantial evidence that the accused directly intended to batter the officer engaged in a lawful legal duty.
Contact Our Criminal Defense Team For A Free Case Evaluation
If you have been charged with battery of any kind, call 305-564-4329 or contact our team of Miami battery defense lawyers at Beckham Solis, Attorneys at Law, today! Our attorneys speak, read, and write fluent Spanish.
If you’ve been accused of assault, you’re facing a misdemeanor or felony charge. A conviction for either level can lead to probation, incarceration, and/or fines. Not to mention, you’ll also have a criminal record that can make it present hurdles in your life. You need aggressive defense on your side to seek a favorable result that can help avoid or minimize penalties. At Beckham Solis, Attorneys at Law, we can provide the legal representation you need. Our attorneys have over 60 years of combined experience and have handled cases of all sizes. We know what it takes to win, and our dedicated team can work toward a just outcome on your behalf.
Beckham Solis, Attorneys at Law, was founded to deliver quality legal representation and an exceptional client experience. Our Miami assault lawyers in Miami work directly with our clients, providing the personalized attention necessary for fighting criminal charges. We also employ a team approach that allows our clients to benefit from our breadth of knowledge and unique insights into the legal system. By extensively preparing for each case and gaining an in-depth understanding of the alleged incident from our clients’ perspectives, we can develop compelling legal strategies. When you choose us, you can expect to receive focused counsel from fierce defenders.
What Is Assault?
Generally, an assault occurs when someone makes a threat of harm against another person. The offense is often paired with battery, but it’s important to note that these are two separate acts – and Florida identifies them as such.
A person can be accused of assault even if they don’t physically contact the alleged victim. In contrast, actual touching is required for a battery charge to arise. For instance, if the individual pulls back their fist in an attempt to strike someone, they are committing assault. But once they swing that punch and land their fist on another’s body, the offense becomes battery.
Florida has a couple of different assault laws. The statute a specific type of conduct is prosecuted under depends on the nature of the offense.
Florida’s Simple Assault Law
Florida Statute § 784.011 is concerned with what’s referred to as simple assault.
The conduct this law prohibits includes:
- Using words or actions to threaten violence against another person
- Having the ability to complete the threat
- Making the alleged victim reasonably fear imminent violence
Florida’s Aggravated Assault Law
Aggravated assault is a more serious offense than simple assault. Thus, some element of the incident must have raised the severity for a person to be charged with this crime.
Under Florida Statute § 784.021, assault becomes an aggravated offense when:
- A deadly weapon was used, but the offender did not intend to cause death; or
- The offender intended to commit a felony against the victim.
The Penalties For Assault In Florida
As mentioned earlier, assault can be charged as a misdemeanor or a felony. The level depends on the statute the offense is prosecuted under.
Simple assault is a second-degree misdemeanor, penalized by:
- A maximum jail term of 60 days
- A maximum of six months’ probation
- A maximum fine of $500
Aggravated assault is a third-degree felony, and punishments include:
- Up to five years’ imprisonment
- Up to five years’ probation
- Up to $5,000 in fines
Defenses To Florida Assault Charges
As is evident, you will likely need a foolproof defense strategy to protect yourself against an assault conviction. At Beckham Solis, Attorneys at Law, we are dedicated to informing our clients of their available defense strategies and aggressively pursuing a dismissal of their charges.
Defenses to Miami assault charges may include:
- Consent: We may be able to prove that the alleged victim of assault had consented to the offending actions.
- Self-defense: You may be allowed to use a reasonable amount of force in an act of self-defense.
Let Beckham Solis Fight For Your Assault Case
In order to effectively prove any such defense to your assault case, you will need the legal assistance of a Miami assault lawyer from our 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, you have a greater opportunity of negotiating your charges down to a lower offense.
Whether you are facing charges for assault or aggravated assault, you should take immediate action to avoid the full force of these penalties. To schedule a free initial case evaluation with our Miami assault attorney, contact us today!