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How To Beat A Battery Charge In Florida – The Luxe Gel Highly Pigmented

Without knowing all the facts, the prosecutor can go to trial blindly. Misdemeanor Battery, Florida Statute 784. If you were charged with battery or aggravated battery in Miami or Miami-Dade County, you should strongly consider contacting an experienced criminal defense attorney about your case.

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There is a mandatory 3 year prison term. Additionally, aggravating charges will result in more severe consequences. On the other hand, a person commits aggravated battery if during the offense he or she used a deadly weapon, battered a pregnant woman or caused great bodily harm intentionally. If you have been charged with battery, you don't have to face it alone; a Miami criminal defense attorney from our firm will have your best interest at heart and will work toward an outcome that will be favorable for you. Defenses to Assault and Battery Offenses. An Overview of Florida Assault and Battery Charges. Many simple assault and battery charges are fights that got out of hand. Victim Cooperation / Consent.

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Penalties for Battery and Aggravated Battery in Miami, FL. To constitute a crime, there must be "either a specific voluntary act or something that is substantially certain to result from the act. " However, you must act quickly in order to build the strongest possible defense. 500 community service hours. One of our attorneys can inform the prosecutor and ask that you be correctly charged. View more contact information here: Miami Criminal Defense Lawyer. The best defense against assault and battery charges will be dictated by the circumstances of the incident as well as an understanding of the victim and accused. How to beat a battery charge in florida map. But it's important that you act quickly. Our founding attorney, E. J. Hubbs, represents people throughout Miami-Dade County, including Hialeah, Miami Gardens, Miami Beach, Coral Gables, Kendall, Homestead, Doral, Pinecrest, North Miami and South Miami, as well as other communities all over the Miami area. Which is worse aggravated assault or battery? The victim does not have a duty to retreat before threatening or using force against someone else in this situation. All that would be required is to authenticate the 911 tape through the testimony of the 911 operator.

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Florida law does not require you to retreat before using deadly force. Musca Law - Experienced Assault and Battery Defense. With this defense, you are arguing that both parties understood the risk they were taking and agreed to physically fight. In some cases, it is possible to argue that you did not intentionally harm the other person and negotiate a plea deal for battery. A battery on a regular person is classified as a first-degree misdemeanor. If you are looking for an experienced assault lawyer, contact our legal team. Penalties for Battery. In some cases, where proper procedures are followed, evidence of a defendant's prior violent behaviors toward the victim is relevant to prove his or her intent to commit the crime of battery or the alleged victim's lack of consent. Florida domestic battery charge. Assault and battery could be a crime of domestic violence, which would subject the offender to enhanced penalties. Should we depose the victim? So the judge can give you more, but not less than the three-year minimum sentence.

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Depending on what occurred during the offense, if the defendant is convicted, the penalties can be greater. The criminal history of the "victim". There are often good options to beat the case and dismissed entirely, or get charges reduced. In Florida, battery is an example of an "enhanceable offense. " Nevertheless, if considered necessary, a minor can be charged with assault and battery and face the same penalties that an adult would. Battery Charges in Florida. Both offenses imply some violence, but the distinction between these crimes lies in the severity and form of violence involved.

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These include minimum mandatory sentences for incidences that involve: Firearm possession: 10 years of imprisonment. Some examples of assault include: - Verbally threaten to punch a person. No Requirement of Injury. Punishment for battery in florida. The similar but separate offense of assault [F. S. § 784. A conviction for a second-degree misdemeanor in Florida carries the possibility of a jail sentence of up to sixty days, along with a fine of $500.

People often refer to this crime as "simple" assault. A case that appears strong for the state early on, may become much weaker 7 or 8 months later. The more life-threatening baseball bat turns the simple battery into an aggravated battery. An assault may be categorized as aggravated if you threw an object, even if you didn't come close to or intent to hit the other person. The skilled lawyer from our Miami criminal defense firm has defended dozens of battery cases, which lead to having charges dropped or cases dismissed. Remember that the prosecutor has the burden of proof, this means that it is the prosecutor, not the defense attorney, who must prove the case "beyond all reasonable doubt". Battery, as defined in Florida statute 784. Kids are especially reckless with what they say because they cannot fully comprehend the consequences of their actions which comes with maturity. Reported examples of such insufficient intent are: Assistance: If a person is attempting to assist someone, even if that person does not want assistance, the act of touching the person to assist them will not be considered criminal battery. Some common defenses are: - Self Defense. Assault is threatening a person to commit a violent act against him or her. In some cases, it's even possible to proceed without any eyewitness testimony as to what happened during the actual incident. You need a battle plan. Battery, Simple Battery, Misdemeanor Battery in Florida. An Aggravated Assault is "is an assault with a deadly weapon without intent to kill; or with an intent to commit a felony".

This means that a conviction for any assault or battery on a person 65 years of age or older would make you a convicted felon and you would not be eligible to get your record sealed or expunged. He cared to listen, was honest, gave me his humble opinion, listed possible outcomes, and most importantly, he told me to come in because he thought there was a fighting chance. Another form aggravated battery is where the defendant commits a battery on a pregnant woman when the defendant knows or should have known the victim was pregnant. Mutual Combat describes the scenario where two or more people are fighting each other. However, because an assault often precedes a battery, people are often charged with both.

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