Miami, FL Aggravated Battery Attorney

Lawyer Defending Against Felony Aggravated Battery Charges in Miami, Florida

Aggravated battery is considered to be a serious violent crime. Convictions for these felony offenses can lead to lengthy prison sentences, substantial fines, and a permanent criminal record. The consequences of a conviction could also affect a person's ability to find employment, secure housing, and maintain a professional license. Accusations of aggravated battery could alter the course of a person's life in profound and lasting ways.

Stroleny Law: Criminal Defense Attorney provides legal representation for people who have been accused of aggravated battery in Miami and the surrounding communities. Our lawyer understands the severity of these charges and the aggressive tactics that may be used by prosecutors in felony criminal cases. He approaches each case with the seriousness it deserves, conducting detailed investigations, challenging the state's evidence, and developing effective defense strategies.

Understanding Aggravated Battery Charges Under Florida Law

The offense of aggravated battery is defined in Florida Statutes § 784.045. A person could be charged with this offense if they are accused of purposely causing serious injuries to someone else without a justifiable reason for doing so. The statute also allows for aggravated battery charges if a person allegedly used a deadly weapon when committing battery. Aggravated battery is a more serious crime than simple battery, which involves intentional touching or striking.

The concept of "great bodily harm" plays a central role in many aggravated battery cases. This term is used to describe injuries that are more serious than slight, trivial, minor, or moderate harm. The injury must be significant or substantial, though it does not need to be life-threatening or permanent to qualify. Broken bones, deep lacerations requiring stitches, injuries causing severe pain, wounds requiring extensive medical treatment, and trauma resulting in hospitalization may be classified as great bodily harm.

Aggravated battery charges may also be based on claims that a person intentionally caused someone to suffer a permanent disability. Injuries that result in impairments affecting bodily functions or limitations on physical abilities may qualify. Examples include loss of vision or hearing, serious nerve damage, joint injuries that affect a person's range of motion, or internal injuries that lead to ongoing medical complications.

Injuries that result in disfigurement may also lead to aggravated battery charges. Disfigurement may involve scarring or deformities that are visible and cannot be completely corrected. Facial scars, burns leaving permanent marks, or wounds that leave noticeable signs may be considered to be disfigurement. The visibility and extent of disfigurement may determine whether prosecutors pursue aggravated battery charges.

The use of a deadly weapon is another common factor in aggravated battery cases. Deadly weapons may include firearms, knives, and other items designed to cause harm. Other ordinary objects used in ways that could cause death or serious injury may also be considered to be deadly weapons. A broken bottle that was used as a weapon, a vehicle used to strike someone, or a heavy object swung at another person may all qualify as deadly weapons that could lead to aggravated battery charges.

Circumstances That May Lead to Aggravated Battery Charges

Violent confrontations that led to serious injuries occur or situations where weapons were used may result in charges of aggravated battery. Domestic violence accusations can lead to prosecution for aggravated battery when physical altercations between family members have allegedly resulted in broken bones, severe bruising, head injuries, or other forms of trauma.

Bar fights and nightclub confrontations can escalate to serious violence, and they may result in aggravated battery arrests. When punches thrown during heated arguments cause broken facial bones, when bottles are used as weapons, or when someone is knocked unconscious, law enforcement and prosecutors may pursue felony charges against those who are accused of aggravated battery. Factors such as surveillance footage, witness testimony from bystanders, and medical records documenting the extent of injuries can play a role in these cases.

Assaults with vehicles can lead to aggravated battery charges when drivers are accused of intentionally striking pedestrians, cyclists, or other motorists. Road rage incidents that result in one driver deliberately hitting someone with their vehicle or other confrontations where a vehicle was allegedly used as a weapon may lead to prosecution for aggravated battery. Evidence of intent and the severity of the injuries suffered in these cases can play a role in a criminal case.

Gang-related violence and street confrontations involving weapons may also result in aggravated battery charges. When knives, firearms, or other weapons were allegedly used during physical altercations, prosecutors may pursue felony charges, and they may seek substantial prison sentences.

Severe Penalties for Aggravated Battery Convictions

Aggravated battery is classified as a second-degree felony in Florida. It carries a maximum sentence of 15 years in state prison and fines of up to $10,000. The collateral consequences of an aggravated battery conviction can also have a long-term impact on a person's life. These consequences may include:

• Limited Employment Opportunities: Many employers conduct criminal background checks, and they may be unwilling to hire people who have been convicted of violent crimes or felonies. Many professions may not be available for convicted felons, since professional licenses for doctors, nurses, educators, and people in other fields may be revoked or denied based on felony records.
• Fewer Housing Options: Landlords will often reject rental applications from people with felony convictions, especially those who have been convicted of crimes involving violence. This restriction may not only affect private housing but also a person's eligibility for public housing assistance.
• Loss of Civil Rights: Convicted felons will lose the right to vote, serve on juries, and possess firearms. In some cases, violations of these restrictions can result in additional felony charges.
• Immigration Consequences: Aggravated battery is considered to be a crime involving moral turpitude and an aggravated felony under immigration law. Non-citizens who are convicted may be subject to deportation, they may be inadmissible for reentry into the United States, and they may be prevented from becoming U.S. citizens.
• Educational Opportunities: Colleges and universities may deny admission to applicants with violent crime records. Eligibility for financial aid may also be restricted.

Defenses in Aggravated Battery Cases

Our attorney can employ multiple defense strategies when representing people who have been charged with aggravated battery. He may challenge whether the injuries of an alleged victim constitute great bodily harm. Medical records and testimony from healthcare providers can help determine the extent and severity of a person's injuries. He may take steps to demonstrate that injuries may be painful, but they may not rise to the level of great bodily harm as defined under Florida law. This may allow charges to be reduced to simple battery, helping to avoid a felony conviction.

Self-defense is one of the most powerful defenses that may be available for people charged with aggravated battery. Florida's self-defense laws, which are codified in Florida Statutes § 776.012, permit the use of force, including force likely to cause death or great bodily harm, when a person reasonably believes that this level of force is necessary to protect themselves or others from being injured or killed. Our attorney can present evidence demonstrating that our client faced a genuine threat and responded reasonably to that threat.

Lack of intent may also play a role in a strong defense strategy. To be convicted of aggravated battery, prosecutors must show that a defendant intentionally or knowingly caused the alleged victim to suffer injuries. Our lawyer may present evidence showing that injuries were caused by accident or that a person did not intend to inflict serious harm.

Our attorney may also challenge the credibility of alleged victims and others who witnessed the alleged offense. He can highlight a person's motives for making false accusations, show that there are inconsistencies in statements made by witnesses, or provide other evidence contradicting the prosecution's narrative. By conducting a thorough investigation to uncover all of the facts of a case, he can bring information to light that may help to avoid a conviction.

Contact Our Miami Aggravated Battery Lawyer

Aggravated battery charges can threaten your freedom, your reputation, and your future. The consequences of a conviction may include prison time and fines, and your ability to work, live where you choose, and exercise basic civil rights could be affected. You need an attorney who understands what is at stake and who will fight tirelessly to protect your interests.

Stroleny Law: Criminal Defense Attorney has successfully defended numerous clients against aggravated battery charges. Our lawyer has the trial experience and dedication needed to protect your rights. Contact our Miami, FL aggravated battery defense attorney by calling 305-615-1285 to schedule a free consultation.