Tampa Aggravated Battery Defense Attorney

Mike G Law: Trusted Tampa Aggravated Battery Defense Attorney

If you are facing battery charges in the Tampa Bay area, you can turn to me for help. As a former Assistant State Attorney, I prosecuted hundreds of cases of battery and aggravated battery, including domestic violence cases.

During that time, I learned how police and prosecutors sometimes skip the important investigation step and may ignore evidence that often demonstrates a lack of criminal intent. Today, I use my experience and knowledge to protect the rights of people who face charges for violent crimes.

My criminal defense experience includes:

• Battery and aggravated battery
• Aggravated sexual battery
• Sexual assault of a minor
• Domestic violence

The consequences of a conviction for aggravated battery can be severe and lifelong. As an experienced aggravated battery defense attorney, I work hard to protect your rights.

Florida Aggravated Battery Laws

Chapter 784 of the Florida Statutes defines the crimes of assault and battery. Under Florida law, the prosecutor may charge you with aggravated battery if the facts meet certain criteria.

Definition of Battery

Under Florida law, a person who intentionally strikes or touches another person against their will or with the intent to cause bodily harm commits a battery.

Definition of Aggravated Battery

A person who intentionally causes great bodily harm, permanent disfigurement, or permanent disability to another person may receive an aggravated battery charge under Florida law. A simple battery charge may become an aggravated battery charge if the defendant uses a deadly weapon or knew or should have known that the victim was pregnant. Aggravated battery is a second-degree felony.

Cases We Handle

Mike G Law can handle all types of battery cases, including:

• Battery: Unlawful physical contact with another person
• Aggravated battery: Unlawful physical contact with a person who is pregnant, that involves a deadly weapon, or that intentionally causes great bodily harm
• Aggravated sexual battery: Unlawful sexual contact with another person as defined in Chapter 794 of the Florida Statutes

Whether you are facing misdemeanor or felony charges, you may need an experienced battery attorney on your side.

Common Aggravated Battery Defenses

Your aggravated battery defense attorney will formulate a defense strategy based on your specific charges and the facts of your case. These are some of the most common defenses to an aggravated battery charge.

Alleged Victim Lied

Unfortunately, fear, anger, or personal gain may motivate a person to falsely accuse another of a battery. In some cases, because no crime occurred, there is little evidence beyond the alleged victim’s testimony. Your attorney may be able to get your charges dropped based on a lack of evidence or use the alleged victim’s lack of credibility to create reasonable doubt.

Inadequate Police Investigation

Often, the police charge a person with aggravated battery based solely on the accusations of the alleged victim. Without a proper investigation, the police may miss critical facts.

If the facts of your case do not support an aggravated battery charge, your attorney can attempt to get the charges dropped or reduced. If the prosecution proceeds with the charges, your attorney can use the police’s lack of investigation to create reasonable doubt in the minds of the jury.

Defendant Acted in Self-Defense

Chapter 776 of the Florida Statutes addresses the legal right to defend oneself against violence or the threat of violence. This includes Florida’s Stand Your Ground Law (§ 776.013), which allows individuals to protect themselves or their property through the use of force when reasonably believed to be necessary.

If you committed violence against the alleged victim solely because of your reasonable belief that it was necessary to defend yourself or another, your aggravated battery defense attorney can assert self-defense as a defense against the charge.

Alleged Crime Does Not Fulfill All Elements of an Aggravated Battery Charge

Merely striking or touching someone does not always justify an aggravated battery charge. To be aggravated battery, the act must either cause great bodily harm, involve a deadly weapon, or involve a victim who was pregnant (where the defendant knew or should have known of the pregnancy). If these elements are missing, the charge should be reduced to simple battery.

The Act Was Consensual or Unintentional

To be aggravated battery, the harmful contact must be intentional and unwanted. If both parties agreed to the behavior or the defendant did not intend for the contact to cause harm, an aggravated battery defense attorney may assert the presence of consent or lack of intent as a defense.

What About Plea Bargaining?

Plea bargains have advantages and disadvantages. Defendants should consider their attorney’s advice and make sure they understand the consequences. Pleading no contest may benefit some defendants by avoiding a trial and accepting the facts without admitting guilt.

Consequences of Committing Aggravated Battery in Florida

According to § 784.045 of the Florida Statutes, aggravated battery is a second-degree felony. A conviction for a second-degree felony carries a penalty of up to fifteen years in prison, fifteen years of probation, and/or up to a $10,000 fine.

Enhancements may apply when an aggravated battery involves the use of firearms or destructive devices. Under Florida’s “10-20-Life” law outlined in § 775.087, the court may impose mandatory additional sentences of 10, 20, or 25 years to life for the use of specific kinds of firearms or destructive devices in the commission of an aggravated battery. Additional penalties may apply for crimes involving firearms possessed by persons with a previous felony conviction.

Call (813) 221-4303 for a Free and Confidential Consultation with a Tampa Aggravated Battery Defense Attorney

An aggravated battery conviction can have serious, lifelong consequences. You need a qualified aggravated battery defense attorney to protect your rights. Contact Mike G Law to schedule a free consultation today.