Aggravated Battery Defense
Punta Gorda Criminal Attorneys
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.
Specific Factors of Aggravated Battery
- 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.
- 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 battery cases.