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Statements of witnesses favorable to the defense. The victim was over 65 years of age. There are some defenses that are available to an aggravated battery charge. Depositions in a criminal case is where the defense attorney questions the witnesses, under oath, in the presence of the state attorney. Don't hire a lawyer that dabbles in criminal defense, hire a criminal defense attorney serving West Palm Beach that has extensive experience in Assault or Battery on a person over 65 years of age cases. Misdemeanor Battery. In Davis v. Washington, 547 U. S. 813 (2006), the Supreme Court ruled that a statement "[is] non-testimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency. Aggravated Battery in Florida: What You Need to Know. Thus, the penalties can include up to a year in jail, or a probationary sentence not to exceed one year. It is these defense favorable facts that are often instrumental in beating a battery case. Knowing how to negotiate a plea bargain is one of the benefits of having a former prosecutor as your defense attorney. 041; - Aggravated Battery, Florida Statute 784. If there were no witnesses to the incident and there is minimal proof of injury, it may be possible to build a defense based on lack of evidence.
There may be possible defenses to the charge or other evidence may be available that leads to a reduction or dismissal of the charges. Aggravated assault is an assault committed by threatening another or brandishing a deadly weapon when the person has no intent to kill or to commit another felony. Adult battery charges could carry as severe a sentence as up to 15 years in adult prison and fines up to $5, 000. Contact us today at 407-531-8694 to learn more about how to beat an aggravated assault in Florida. The punishment for assault and/or battery depends on the type and degree of the crime. How to Defend Battery Charges in Miami with a Criminal Defense Lawyer. Self-defense is available to use as a defense to assault and battery charges in Florida. The threat can be verbal, an act, or a combination of speech and action. An arrest for battery might correspond to Simple Battery in SESIR. This act should cause a founded fear of becoming a victim of violence in the other person.
The prosecutor is the only person that can go below the minimum mandatory. No Requirement of Injury. There are several defenses to the crime of Battery. A person could be facing many years in prison and very high fines.
It's the prosecutor's job to discount your claim of self-defense. We are Assault or Battery on a person over 65 years of age attorneys located in West Palm Beach. You've probably heard the phrase "assault and battery" on television. For minor charges like simple battery or simple assault, we can also work to avoid a criminal conviction and negotiate a pretrial intervention, which is a diversion program where you might agree to take anger management classes instead of agreeing to a plea. A Second Offense Battery charge becomes a felony battery (3rd-degree felony) with a penalty of up to 5 years in jail and a maximum $5000 fine. The quality of the criminal defense attorney you hire to defend your Assault or Battery on a person over 65 years of age case is extremely important.. We ask that you consider our South Florida Criminal Defense Attorneys. A battery could be a punch in the nose, or it could be knocking a serving tray out of a waiter's arms. How to beat a battery charge in florida 2021. One strategy is the "conditional threat defense. "
Testimony from the alleged victim that he or she did not consent is not required, so long as the state's evidence can support a jury inference of a non-consensual touching. When juveniles are found guilty of assault and battery at a juvenile level, they can face the following penalties: When the circumstances of the arrest are very severe, then it is possible that a child could be tried as an adult for the crimes that they have committed. You could face up to 60 days in jail and a maximum of a $500 fine. In some cases, it's even possible to proceed without any eyewitness testimony as to what happened during the actual incident. Keep in mind that the victim of an assault has to experience a reasonable fear. In order to avoid these consequences, consider hiring a criminal lawyer to help. At The Morris Firm, we understand how overwhelming it can be to know you could potentially spend time in prison. Battery Charges in Florida. Battery, as defined in Florida statute 784.
Certain facts can change the outcome of the case. Self-defense requires a showing of an immediate threat. If you lightly hit the eraser edge against their forearm, it would not be a deadly weapon. How to beat a battery charge in florida laws. This is why it is important for you to contact a lawyer at the Law Office of Roger P. Foley, P. A. who can help you understand all the possible defenses that are available. Is there a statute of limitations on battery in Florida?
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