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Battery
MIAMI BATTERY DEFENSE ATTORNEY
Battery occurs when a person intentionally strikes someone else or purposefully causes physical harm to another person. With the exception of certain circumstances, battery is a first-degree misdemeanor crime, punishable by one year in prison and a $1,000 fine.
Felony battery is a more serious offense with elevated penalties. Felony battery occurs when the perpetrator commits battery with a prior battery or felony battery conviction. This offense is a third degree felony, punishable by a $5,000 fine and ten years in prison.
Understanding the Penalties for Battery & Felony Battery
§ 784.03 (2) “Felony Battery”
- Up to ten year in prison
- A fine, totaling $5,000
§ 784.03 (1)(a) “Battery”
- Up to one year in prison
- Fine of up to $1,000
What is felony battery?
Felony battery is an umbrella term that refers to two separate crimes: felony battery and domestic battery by strangulation. Felony battery (without a prior offense) occurs when an individual commits battery resulting in serious bodily harm, a disability, or disfigurement.
Domestic battery by strangulation involves violence between household members, where one person intentionally blocks the other’s ability to breath. According to § 784.041(2)(b), this law applies to family members and individuals who are in a dating relationship.
- Preparing and organizing briefing materials
- File your notice of appeal
- Argue for your case in appellate court
- Bring your case to a higher court, if necessary
Defenses for Battery
This type of assault is a type of weapons crime. In these scenarios, the violence was threatened by means of a weapon that could cause significant harm. A “deadly weapon” is defined as a firearm, explosives, knives or anything else that could potentially inflict mortal blows or great bodily harm. The law looks unkindly on those that are believed to have full intention of using violence to cause harm to others. If you were charged and believe that this was made in error,obtain our legal counsel today! We have the intimate knowledge of the law that is needed to defend against all types of assault charges.
An experienced Miami criminal defense lawyer at our firm will take the time to explain your rights and the best course of legal action to take. You cannot afford to spend years in prison for an assault conviction, which is why you should reach out to us right away. We devote both time and energy to every client so that they can see a positive outcome for their criminal charges and avoid the serious penalties of conviction.
At Parks & Braxton, PA, we have successfully handled thousands of cases in the past and we have the ability to defend you. Call our firm today!
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