Aggravated Battery

Under Florida law aggravated battery is classified as a second-degree felony with a harsh 15-year maximum penalty. If you or a loved one is facing this serious charge there no reason to take on the state without a skilled South Florida aggravated battery lawyer. Benjamin Herbst has successfully represented hundreds of defendants in the Miami-Dade, Broward and Palm Beach courthouses as well as the Treasure Coast jurisdictions of Martin County and St. Lucie County. He has won jury trials for aggravated battery and has negotiated numerous dismissals and reductions of charges for his clients. Benjamin is not only committed to achieving the best possible results in all his cases, but also prioritizes keeping his clients informed throughout the process. Benjamin provides all clients with his cell phone number and is available to talk or text on nights and weekends to answer questions about the case, or to just offer reassurance. If the defendant is incarcerated pending trial Benjamin will go to the jail as often as needed, and will file every possible bail review motion to seek his client’s release. Contact Benjamin today at (954) 543-0305 for a free consultation and learn how you can be fully prepared and confident when your court date arrives.

There are three main scenarios that fall under the Florida aggravated battery statute listed under section 784.045 of the state criminal laws. The first is intentionally or knowingly causing great bodily harm, permanent disability or disfigurement to another person. It is different from the standard felony battery law in that the defendant must have actually intended the consequences. Intent is tough to prove, but the state will argue that causing an injury with a weapon or vehicle, or repeatedly striking another person will satisfy the element of intent. The second aggravated battery scenario is committing a battery using a deadly weapon. Proof of great bodily harm is not required under this section, which means that shooting a person or stabbing them is automatically an aggravated battery regardless of the severity of the resulting injury. In addition to guns and knives, aggravated battery can also be charged for striking someone with a vehicle, beer bottle or metal object.

The final aggravated battery scenario is probably the most controversial and perhaps overcharged law. It occurs when a defendant is accused of committing a battery on a pregnant woman. The state must prove that the defendant knew or should have known the victim was pregnant, which is not always the case. Benjamin has successfully argued that there was insufficient evidence to establish knowledge of pregnancy in aggravated battery cases, and will do whatever it takes to try to have the charges dropped or reduced. Benjamin also will not hesitate to defend his clients at jury trial, and has secured numerous acquittals in the Miami, Fort Lauderale and Palm Beach courthouses. He is an experienced Florida criminal defense lawyer handling battery on a pregnant woman cases in all South Florida counties.

In addition to being classified as a second-degree felony, this charge also scores extremely high on the sentencing guidelines sheet. Prosecutors will often ask for lengthy jail sentences and judges can be swayed by emotional impact statements made by the victim. This is why these cases must be handled by an expert Florida aggravated battery lawyer with years of experience and the motivation to keep fighting. Benjamin has the knowledge, skill and energy to take on the state regardless of how much evidence they may claim to have. He will never push clients to take a plea, and his advice is solely dictated by the best interest of his clients. Benjamin offers flexible payment plans to all South Florida clients, and will work with the family of the defendant to reach an agreement that is satisfactory to all parties. It is important to retain a criminal defense attorney as early as possible, as law enforcement will continue to try to gather evidence even after an arrest. Waiting to hire a lawyer may have negative consequences when the trial date rolls around, so call Benjamin today at (954) 543-0305 to protect your rights.