Palm Beach Aggravated Battery Lawyer – Matthew Konecky, P.A.
Call immediately for a CASE REVIEW at 561.671.5995. I can provide you with possible defense strategies for your particular situation and help you avoid conviction.
Why You Need an Experienced Aggravated Battery Attorney
Conviction of an aggravated battery charge comes with serious consequences which can include a long-term jail sentence, excessive fines; and a permanent record as a convicted violent felon which will affect your ability to obtain future employment.
Your life can easily be turned upside down and changed forever. You may have been arrested as a result of a bar fight, road rage, or any type of unintended altercation. You may actually be the victim and although burden of proof remains on the prosecutors, without a solid defense, and the support of an experienced, qualified and aggressive aggravated battery defense lawyer, you could easily be convicted.
Don’t Wait to Contact a Criminal Defense Attorney: If you have been arrested, the State Attorney will move quickly to file criminal charges against you. Call me now at 561.671.5995 for a Case Review. I may be able to negotiate with the State to avoid charges being filed. If charges have already been filed, I can help you build the best possible defense to avoid conviction and jail time. I have over 10 years of experience aggressively defending criminal charges and convictions.
Definition of Aggravated Battery
In the State of Florida, battery is defined as the intentional striking or touching of another person against their will or when a person willfully causes bodily harm to another person. Aggravated battery is a much more serious charge. Florida Statute § 784.045 defines aggravated battery as when a person:
- intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement;
- or uses a deadly weapon.
- a person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
Penalties for Aggravated Battery
If convicted of aggravated battery, it is a second degree felony. Conviction results in a permanent record as a violent criminal. Penalties associated with an aggravated battery conviction are:
• maximum prison sentence of up to 15 years;
• fines of up to $10,000
These penalties can increase depending on other factors associated with the alleged offender such as a previous criminal record that includes a battery charge, or if the offense is against people employed in law enforcement and corrections, emergency personnel, public officials, school staff, health and safety workers, inmates, or the elderly.
Aggravated Battery Defenses
Depending on the circumstances surrounding your case, there are several options for developing your defense strategy. Some of these include:
- Self-defense: When the supposed victim is actually the aggressor, we will build a case that supports this circumstance and refer to the “Stand Your Ground” as your legal right to protect yourself.
- Were you defending your property? If so, the castle doctrine can be used in this case.
- Demonstrate a lack of evidence to support the charges and the intent to commit this crime.
- Were your rights constitutionally violated?
- Did the police provide you the Miranda Warning?
- Did the police follow correct procedures during your arrest?
- Mistaken Identity.
Remember, the prosecutor must prove beyond a reasonable doubt that you intentionally committed this crime.
Call me now for a CASE REVIEW at 561.671.5995. I can provide you with possible defense strategies for your particular situation and help you avoid conviction.
If you have been arrested, do not speak to the police without an attorney present and do not give any written statements without having a lawyer present.
The Law Offices of Matthew Konecky, PA represents clients in Palm Beach, Broward and Miami-Dade counties, including West Palm Beach, Ft. Lauderdale and surrounding areas.