The charge of aggravated battery is an extremely serious felony offense, punishable by up to fifteen years in Florida state prison. The elements of the offense appear in Florida statute 784.045, which explains that aggravated battery can be committed in several ways. First, what is required is that a person “intentionally causes great bodily harm, permanent disability or permanent disfigurement.” The statute further makes clear that aggravated battery can also be committed if a person uses a deadly weapon. Finally, a person commits the offense if they batter (unlawfully touches) a person who they know or should know to be pregnant.
Aggravated battery is a lot more serious than the offense of battery. Battery is a misdemeanor offense, which means that the maximum penalty is up to a year in jail. Depending on if and how a weapon was used, an offender could face even more severe penalties under Florida’s 10-20-life law.
Defenses to Aggravated BatteryThere are many defenses to aggravated battery. First, there’s “mistaken identity.’ That means that police arrested the wrong person. That can happen often when an alleged victim only gets a brief and/or poor look at the face of the perpetrator. In their desire to catch the person who committed an aggravated battery against them, they often may mistakenly identify another person as the person who actually committed the offense against them.
Mark Eiglarsh, a veteran talented Miami aggravated battery attorney, has won numerous cases utilizing this defense. The key to success is to analyze each and every stage of the identification process. What the lighting conditions were, how long the encounter, what mental state was the alleged victim was in, and what procedure law enforcement implemented, are just some of the many factors in the identification process that get analyzed and challenged.
Another typically used defense to aggravated battery is self-defense. In Florida, if someone reasonably fears death or great bodily harm, they may use deadly force to defend themselves. Further, Florida has the “Stand Your Ground” law that eliminates the requirement to flee the perceived threat before defending oneself. In other words, a person who reasonably feels threatened by another does not have to turn their backs to that person and run, as they were required before the Stand Your Ground law was enacted. Many clients are arrested simply for defending themselves against persons that they deem dangerous. A talented aggravated battery attorney in Miami can make the difference between conviction and acquittal.
Defense of others is another defense frequently used in aggravated battery cases. While the person using force may not personally fear for their safety, they may fear for the safety of others. In those cases, defendants who use force under those circumstances would be justified. It would be the attorney’s responsibility to argue to the prosecutor, judge and/or jury why their client isn’t guilty of aggravated battery because they were defending another.
Why We Are Different?We treat every client like they are our family members. We strive in every case to achieve the best possible outcome under challenging circumstances. Especially because the charge of aggravated battery is so serious and carries with it such significant potential penalties, having a great aggravated battery lawyer in Miami is imperative. We take very seriously the constitutions requirement that every person is innocent until proven guilty. We provide top notched service in order to obtain justice for our clients.
Call NowIf you or someone you know has been arrested or is merely under investigation for this offense, then contact us immediately. Do not delay! Call us at 305.674.0003 to speak with an experienced and zealous Miami aggravated battery lawyer. We are available 24/7 for a FREE CONSULTATION. We look forward to assisting you.