Aggravated Battery Charges
Punta Gorda Criminal Attorneys
Attorneys at Leskovich Law Group, P.A. have successfully practiced
criminal defense law for more than 25 combined years. We have taken hundreds of cases to
trial and are ready to do so for your case if this best serves your interests.
Although our lawyers have the skill and experience to win cases, you may
actually play an important role in your own defense. We believe that individuals
should fully understand the charges they face, their possible legal options
and what is being done to aggressively defend their cases. At times, we
use the information that an informed client provides to assist in the
final outcome of his or her case. We make it a policy, therefore, to establish
and maintain strong attorney-client relationships for the best result
possible in a case.
The mere threat of force results in a charge of
assault. Battery, though, is the actual use of force or violence against an individual,
whether the violent act is committed or only attempted. Touching or striking
someone against their will, or causing bodily harm on purpose are both
examples of battery. It can be as simple as grabbing someone by the arm
up to striking them with an object. Injury does not have to take place
in order for a charge to be leveled against you. That contact was made
without another's agreement is enough for an accusation of battery.
Of note is that specific circumstances can bring about the more serious
charge of "aggravated battery."
Aggravated battery is a second degree felony and a Level 7 offense per
Florida's Criminal Punishment Code. To effectively defend the charges
against you, you must quickly retain a proven Punta Gorda criminal defense
lawyer to work on your case. If you are found guilty of the
violent crime of aggravated battery, you face a minimum prison sentence of 21 months.
Additional penalties may include up to $10,000 in fines, as high as 15
years of probation and a maximum of 15 years in prison.
About Aggravated Battery Charges in Punta Gorda, FL
Three sets of circumstances lead to an aggravated battery charge. One is
the use of a deadly weapon in committing battery. Another is when a person
intentionally or knowingly causes great bodily harm, permanent disability
or permanent disfigurement. Finally, if a victim of battery was pregnant
at the time when the crime occurred and the offender knew this or should
have, aggravated battery is charged.
Our legal team consists of former public defenders and prosecutors. As
such, we know the tactics of prosecuting attorneys and work to build your
defense so that it takes advantages of any flaws or weaknesses in a prosecutor's
case. With aggravated battery, there are several primary methods that
we use to defend the charges.
We investigate whether your constitutional rights were upheld when you
were arrested. Your Miranda rights must be completely and correctly given
to you. When this does not occur, we strive to get the charges against
you dismissed. We may argue self-defense if an individual was simply trying
to protect themselves from harm and as long as the force that was used
was non-deadly in nature. In addition, a basic element of aggravated battery
is that any contact was non-consensual. Demonstrating that the contact
was done by mutual consent, such as in a bar fight, may bring about a
favorable ruling in a battery case.
Some lawyers attempt to plead out a case to avoid the work of a trial but
this not how we operate. A plea bargain might be correct for some cases.
We are not hesitant, however, in taking your case before a judge and jury
when that provides the best opportunity to protect your rights and freedoms.
Contact our defense team to find out about effective criminal defense strategies in aggravated