Miami Battery & Aggravated Battery Lawyers

Florida’s Battery Laws Defined by Statute Chapter 784

Battery ranks among the most frequent crimes committed in Florida. Under the Florida Statutes, Chapter 784, Section 784.03(1)(a), battery occurs when a person "actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person." (The similar but separate offense of assault [F.S. § 784.011] is an act of hostility or aggression against another person, including a verbal or physical threat and is a second-degree misdemeanor.) Assault and battery are both considered to be violent crimes.

Simple battery is a first-degree misdemeanor in Florida. Aggravated battery, meanwhile, is a second-degree felony in Florida, with much more severe penalties than simple battery. Aggravated battery (F.S. § 784.045) occurs when a person commits battery and "intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon in committing a battery."

A person may also be charged with aggravated battery if the alleged victim was pregnant at the time of the alleged offense. Additionally, charges may increase if a weapon was used, a permanent disability was an outcome of the battery, or if they person accused of battery used a deadly weapon.

If you were arrested for battery under F.S. § 784.03 or aggravated battery under F.S. § 784.045, then you should speak with a Miami battery attorney about your case. A qualified attorney will be able to explain the charges against you and the potential penalties you face and can help you defend yourself. There may be possible defenses to the charge or other evidence may be available that leads to a reduction or dismissal of the charges.

Hubbs Law Firm is experienced in defending against battery and aggravated battery charges in the Miami area. 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.

E.J. Hubbs has been Board Certified in Criminal Trial law by the Florida Bar. Board certification is one of the highest accolades bestowed by the Bar, and it indicates competency and experience within an area of law and professionalism and ethics in practice.

Contact Hubbs Law Firm at (305) 570-4802 today to schedule an appointment with our knowledgeable attorneys. We can explain all the aspects of your battery case, including possible defenses that may apply.

Types of Battery in Florida

Depending on the circumstances of an alleged battery, the crime may be charged as simple battery, a first-degree misdemeanor, or as aggravated battery, a much more serious second-degree felony. An intermediate charge is felony battery, which occurs if the defendant commits a battery which unintentionally causes great bodily harm. Felony battery is classified as a third-degree felony.

Battery

The Florida Statutes, Title XLVI, Chapter 784, § 784.03 defines "battery" as when a person:

• Actually and intentionally touches or strikes another person against the will of the other; or
• Intentionally causes bodily harm to another person

The Florida Supreme Court's Standard Jury Instructions in Criminal Cases § 8.3 specify that either of the following elements must be proved beyond a reasonable doubt for a conviction of the crime of battery:

• Defendant intentionally touched or struck the victim against his or her will; or
• Defendant intentionally caused bodily harm to the victim

A person who commits a second or subsequent battery after a prior conviction for battery, aggravated battery, or felony battery will be charged with a third-degree felony.

Note: Under F.S. § 777.04(1), attempting to commit a battery but failing or being prevented from carrying out the battery is punishable as a second-degree misdemeanor.