Miami Battery Defense Lawyer

Attorney Assisting With Battery Charges in Miami, FL

Physical confrontations can occur in a variety of situations, and people find themselves facing criminal prosecution for actions taken during heated moments or misunderstood situations. In these cases, charges of battery may apply. Unlike assault, which involves threats of violence, battery involves actual physical contact. Florida law treats these offenses seriously. Whether you are facing misdemeanor or felony battery charges, a conviction can result in jail time, fines, probation, and a criminal record that can follow you for years. Understanding the charges against you and taking immediate action to protect your rights is essential, and you can make sure your rights are protected by working with an experienced attorney.

At Stroleny Law: Criminal Defense Attorney, we provide representation for people accused of battery offenses in Miami. Our lawyer has a thorough understanding of Florida's battery laws and the strategies prosecutors may use to secure convictions. He will investigate the circumstances surrounding accusations of battery and present compelling defenses on your behalf. He is committed to protecting your freedom and minimizing the impact that these charges may have on your life.

How Florida Law Defines Battery

Under Florida Statutes § 784.03, a person may be charged with battery if they touch or strike another person against that person's will. Iintentionally caus harm to another person in this manner can also lead to battery charges. The key distinction between assault and battery is that battery involves physical contact, while assault involves the threat of violence. Physical contact does not need to cause an injury to be considered battery under Florida law. An unwanted touch, push, slap, or any other intentional physical contact made against someone's will may lead to battery charges.

The requirement of intent means that accidental contact should not be considered battery. However, the prosecution will only need to prove that the defendant intended to make contact, not that they intended to harm the other person or violate the law. This distinction is important, because people sometimes believe they cannot be convicted of battery if they did not mean to hurt anyone. However, the law focuses on whether the physical contact was intentional, not whether harm was intended.

Simple battery is classified as a first-degree misdemeanor in Florida, and it may be punishable by up to one year of imprisonment and a fine of up to $1,000. A second offense after a previous battery conviction will be charged as a third-degree felony, with penalties that may include up to five years of imprisonment and fines as high as $5,000. Certain circumstances can also elevate battery charges to felony offenses, including aggravated battery or domestic battery involving strangulation.

Common Situations Leading to Battery Charges

Domestic violence incidents are some of the most frequent reasons for battery charges. Arguments between spouses, partners, or family members that involve physical contact can result in arrests, even when contact was relatively minor or when both parties were involved in a physical confrontation. Florida law requires law enforcement officers who respond to domestic violence calls to make arrests when they have probable cause to believe battery occurred. Officers may perform arrests based on limited evidence or one-sided accounts.

Bar fights and nightclub altercations in Miami's entertainment districts can lead to battery charges. Alcohol consumption, crowded conditions, and confrontational behavior can lead to situations where physical contact is more likely to occur. A shove in a crowded bar or a punch thrown during an argument can result in an arrest for battery. These situations may involve multiple witnesses who have different accounts of what happened, and determining who initiated the physical contact or whether mutual combat occurred can be challenging.

Road rage incidents may also result in battery charges in some situations. When drivers exit their vehicles during traffic disputes and engage in physical confrontations, law enforcement officers may arrest one or both parties for battery. These cases may involve questions about who was the aggressor and whether physical contact was made in self-defense.

Battery charges can also arise from workplace confrontations, disputes between neighbors, disagreements at schools, and conflicts in retail stores or restaurants. An employee who physically confronts a supervisor, neighbors who come to blows over arguments, parents who engage in fights at youth sporting events, or customers who make physical contact with store or restaurant employees may face battery charges.

Defense Strategies In Battery Cases

Our attorney can determine which defense strategies may be used to challenge battery charges and protect the interests of clients. Self-defense is a common defense in these cases. Florida law permits people to use a reasonable amount of force to defend themselves when they face threats. If the evidence shows that our client acted in response to aggression from the alleged victim, we can present a self-defense claim that may result in an acquittal or the dismissal of battery charges.

We can also challenge the prosecution's evidence regarding intent and the nature of physical contact that allegedly occurred. If contact was accidental rather than intentional, this can serve as a defense against battery charges. Our lawyer will present evidence and testimony demonstrating that contact was unintentional or that the circumstances do not support claims that our client intentionally made contact or attempted to inflict injuries. In cases where the alleged victim's account is inconsistent with physical evidence, testimony from other witnesses, or surveillance footage, we will use these contradictions to undermine the prosecution's case.

Challenging the credibility of the alleged victim and other witnesses may be another critical component of a defense against battery charges. Our attorney will investigate people's motives for making false accusations. A person's inconsistent statements, their history of false accusations, and any evidence of the alleged victim's aggressive behavior may raise reasonable doubt about the prosecution's version of events.

Contact Our Miami, Florida Battery Attorney

If you have been charged with battery or a related offense, you will need legal representation from an attorney who can fight for your rights and your future. The consequences of a battery conviction could affect your employment, your relationships, and your opportunities for years to come. At Stroleny Law: Criminal Defense Attorney, you can receive a skilled defense to help you achieve favorable results in your case. We have successfully defended numerous clients against battery accusations, and we are ready to put our abilities to work for you. Contact our Miami battery defense lawyer at 305-615-1285 to set up your free consultation today.