Miami Aggravated Battery Defense Attorney

Under Florida law, battery occurs when a person intentionally touches or strikes another person against that person’s will, or intentionally causes bodily harm. Aggravated battery is a more serious offense, and a conviction can result in severe penalties, including a lengthy prison sentence, probation, and significant fines. If you have been charged with aggravated battery, it is important to know your rights.

Located in Miami, Valiente Law routinely defends clients against aggravated battery charges in South Florida. Knowing that an arrest, not to mention a conviction, can be life-altering, we will provide you with effective legal representation. Guided by the principle that all of our clients will receive the absolute best possible representation, our criminal defense attorneys will fight to preserve your freedom. By working with our legal team, you can rest assured we will never stop fighting for you.

Call Us At 305.764.5460 For A FREE Consultation!

Battery, felony battery, and aggravated battery

Battery (§784.03): Intentionally touching or striking another person against that person’s will, or intentionally causing bodily harm. Unwanted intentional touching can establish battery without injury. Ordinary battery is a first-degree misdemeanor, carrying up to one year in jail and a $1,000 fine. Qualifying prior convictions or other statutory circumstances can change the classification.
Felony battery (§784.041): Intentionally touching or striking someone against that person’s will and causing great bodily harm, permanent disability, or permanent disfigurement. The statute does not require the aggravated-battery intent to cause that degree of harm. The ordinary classification is a third-degree felony, with up to five years in prison and a $5,000 fine.
Aggravated battery (§784.045): Committing battery while intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement; using a deadly weapon; or battering a pregnant person when the defendant knew or should have known of the pregnancy. It is ordinarily a second-degree felony, carrying up to 15 years in prison and a $10,000 fine.

A domestic relationship alone does not turn every battery into a felony. Domestic battery by strangulation and other qualifying conduct have separate statutory requirements.

Age-based reclassification is separate from the generic aggravated-battery definition. Under §784.08, battery on a person 65 or older is reclassified to a third-degree felony, and aggravated battery to a first-degree felony, regardless of whether the defendant knew the person’s age. Aggravated assault or aggravated battery on a person 65 or older carries a three-year minimum prison term and additional statutory consequences.

Penalties for Aggravated Battery

In addition to the penalties for aggravated battery listed above, mandatory minimum sentencing may apply. Moreover, dangerous weapons enhancements apply if the defendant uses a firearm during the commission of the crime. Under Florida’s 10-20-Life law, a defendant who is convicted of aggravated battery with a firearm could receive a stiff mandatory-minimum prison sentence:

10 years for qualifying actual possession of a firearm
20 years for qualifying discharge of a firearm
A minimum term within the 25-years-to-life range for qualifying discharge causing death or great bodily harm

Firearm and habitual-offender enhancements require the statutory predicates and findings; they are not automatic in every battery case. Offense dates, qualifying prior convictions, and applicable exceptions must be checked.

Defenses to Aggravated Battery

Although each case is unique, it may be possible to assert the following defenses:

Self Defense — The use of deadly or non-deadly force is permitted to protect yourself or a third party, provided that you reasonably believed the other person’s action were likely to result in death or serious bodily harm.
Lack of Intent – Because it is necessary for the prosecution to demonstrate your intent to prove its case, it may be possible to demonstrate the act was unintentional.

Additionally, having an alibi — you were not present when the crime occurred — or being the victim of mistaken identity, are among the defenses that may be available to you.

Why Call Valiente Law?

Because a conviction for aggravated battery can have lasting consequences, not the least of which are the loss of your freedom and damage to your reputation, it is crucial to have the first-rate legal representation we are able to provide. We will assess the evidence against you, design the best line of defense, and aggressively fight for you or your loved one to make sure they get the best possible result.

Depending on the circumstances, we may look to assert that you did not have the required intent to commit aggravated battery or cause bodily harm. It may also be possible to show that you acted in self-defense to protect yourself or another person from being harmed. Moreover, because the prosecution’s case may depend on the testimony of eyewitnesses who are often unreliable, we may be able to raise a mistaken identity defense.

Although we are committed to winning an acquittal, we will give you an honest assessment of your chances for success and may seek to have the charges reduced. When your freedom and your future is hanging in the balance, Valiente Law is your best choice in criminal defense.

Please contact our office as soon as possible to set up a free consultation.