Miami Assault and Battery
Battery & Aggravated Battery
Battery is charged when the defendant intentionally strikes another person against his or her will. Simple battery is a first degree misdemeanor, punishable by up to a year in county jail.
Aggravated battery is charged when the battery causes great bodily harm, disfigurement or permanent disability. Likewise, if a weapon is involved in any way or if the victim was pregnant at the time of the battery, the charge will be aggravated battery. The penalty for aggravated battery is up to 30 years in state prison.
Assault & Aggravated Assault
Assault is the threat of violence or the attempted act of violence against another person, causing fear in the victim. Assault charges can be filed even if no violence took place.
Aggravated assault is charged when a deadly weapon is involved in the assault or when there is intent to commit a felony. Even if a weapon is not used or even shown, the simple possession of the weapon at the time of the assault will garner an aggravated assault charge.
The charges for assault range from second degree misdemeanor to second degree felony; sentences range from 60 days in jail to 15 years in state prison. The charges depend on the circumstances, such as whether the defendant has a criminal record, whether a weapon was involved, and whether the assault involved a law enforcement official.
Miami assault and battery charges are taken very seriously. If you are charged with assault or battery Miami attorneys recommend that you do not speak with law enforcement officials without contacting an attorney first. Effective Miami assault and battery defense depends upon many circumstances. Because any statements you make will be held against you, doing so without the presence of an experienced assault and battery Miami attorney can jeopardize your case.