Miami Battery Attorney

You may have heard the terms assault and battery, but what do they mean? Many people use the terms together or interchangeably, but they are not the same, nor are they always done in tandem.

Assault refers to a threat of harm, whereas battery is the actual physical contact. Under Florida law, battery is defined as an incident in which physical harm has been perpetrated against a victim. Battery must involve some physical contact or violence that causes harm.

Battery can result in misdemeanor or felony charges. Get the legal help you need. A Miami battery attorney from Asilia Law Firm can help you protect your freedoms.

Types of Battery

Battery may be categorized into the following:

• Simple battery. This is a first-degree misdemeanor defined as intentionally touching or striking a person without their consent. Simple battery may or may not result in actual bodily harm.
• Felony battery. This is defined as intentionally touching or striking a person without their consent, or intentionally causing bodily harm. This is often a misdemeanor but can be a third-degree felony in more severe cases.
• Aggravated battery. This is the most severe type of battery. It is a second-degree felony defined as an incident of severe violence causing great bodily harm, permanent disability, or disfigurement. 

Examples of Battery

Battery may include any of the following acts:

• Physical altercation. Two individuals engage in a heated argument, which escalates into a fight.
• Domestic violence. A spouse hits or pushes their partner during an argument, causing them to sustain bruises, broken bones, and other injuries.
• School bullying. A group of students repeatedly trip and shove a classmate in the hallway, causing them to fall and suffer injuries.
• Road rage. A driver becomes enraged at another motorist for cutting them off in traffic. They exit their vehicle and physically assault the other driver by punching them through the car window.
• Child abuse. A caregiver disciplines a child by hitting them with a belt, leaving bruises and welts on their body.
• Defenses to Battery
• Your lawyer may be able to defend you from battery. Some possible defenses include:
• Self-defense. A person may use reasonable force to defend themselves or others from imminent harm or threat of harm. The force used must be proportionate to the perceived threat and must be necessary to prevent the harm.
• It was accidental. If the touching was unintentional or accidental, it may serve as a defense. However, this defense may not apply if the person’s actions were reckless or negligent.
• Lack of intent. Battery requires intentional touching, so if the defendant can show that they did not intend to touch the alleged victim, it may serve as a defense.
• Certain workers, such as law enforcement officers or medical professionals, may have a legal privilege to use force in certain circumstances, such as making an arrest or providing medical treatment.

Contact Asilia Law Firm Today

Battery is a serious offense under Florida law. Besides criminal charges, a person may also face a civil lawsuit from the victim.

You need to defend yourself from these charges. A Miami battery attorney from Asilia Law Firm can help you get a favorable outcome. To schedule a consultation, call (786) 420-3014 or fill out the online form.