Aggressive, Strategic Defense for Aggravated Battery Charges

Being arrested or charged with aggravated battery is more than a legal issue. It’s a personal crisis. You might feel overwhelmed, angry, or scared about what’s coming next, and you may be worried about how this will impact your family, job, and future. That’s completely understandable. Florida law treats aggravated battery as a serious offense, and the penalties of a conviction can be harsh. But right now, the most important thing you can do is protect yourself, which begins with hiring the right criminal defense attorney.

At Hager & Schwartz, P.A., we understand what you’re facing and are prepared to support you. As former state prosecutors with over 50 years of combined legal experience, we bring a distinct perspective to every case. We don’t just respond. We develop strategic plans. We thoroughly examine the facts, challenge the prosecution’s evidence, and fight vigorously for an optimal outcome. Whether you were acting in self-defense or the case is more complicated than it seems, we are ready to stand by your side.

You don’t have to face this alone. Contact our Miami aggravated battery defense attorneys for a free and confidential consultation.

What Is Aggravated Battery in Florida?

Under Florida Statute § 784.045, aggravated battery is a serious violent offense that exceeds a simple physical altercation. It occurs when someone intentionally causes serious harm to another person or uses a weapon to do so. Unlike a simple battery charge, which might involve a slap, shove, or minor injury, aggravated battery involves more severe circumstances and results in much harsher penalties.

In Florida, aggravated battery occurs when a person commits a battery and does one of the following:

• Intends to cause great bodily harm, permanent disability, or disfigurement
• Uses a deadly weapon during the offense (such as a firearm, knife, or another object that can cause serious injury)
• Commits battery against a person they knew or should have known was pregnant

Simple battery, on the other hand, is defined as intentionally touching or hitting another person without their consent, or intentionally causing them bodily harm. It does not include the same aggravating factors that elevate the offense to a felony.

Potential Penalties for Aggravated Battery

If you’re facing an aggravated battery charge, it’s crucial to understand how severe the consequences can be. Florida law treats violent crimes very seriously, and even first-time offenders can face life-changing penalties if convicted.

The court considers what happened during the incident, your criminal history, the extent of the victim’s injuries, and whether a weapon was involved.

Aggravated battery is a second-degree felony, which means the sentencing can include:

• Up to 15 years in prison
• Up to $10,000 in fines

If you have prior felony convictions, you could also be labeled as a “habitual violent offender,” which can further enhance your sentence.

Beyond a prison sentence and fines, the collateral consequences can be equally damaging.

A felony conviction may result in:

• Loss of civil rights, such as voting or owning a firearm
• Difficulty securing employment, housing, or professional licenses
• Negative immigration consequences, including possible deportation or inadmissibility for non-citizens

These are more than just legal results. They are events that can change your life. That’s why having a skilled and strategic defense lawyer is essential to protect your future.

Defense Strategies for Aggravated Battery

Every aggravated battery case has its own unique circumstances. That’s why there’s no one-size-fits-all approach to defense. We build customized strategies designed to uncover weaknesses in the prosecution’s case and highlight facts that support your innocence or justify your actions. We pursue a favorable outcome, whether that means a reduction of charges, dismissal, or acquittal at trial.

Some of the most effective defenses in aggravated battery cases include:

• Self-defense or defense of others – Florida law permits individuals to use or threaten force, including deadly force, if they reasonably believe it’s necessary to prevent immediate harm to themselves or others.
  • Stand Your Ground – Under Florida’s Stand Your Ground statute, retreating before using force is not a legal requirement. If you were lawfully present and acting to protect yourself, you may be immune from prosecution.
• Lack of intent or mistaken identity – Aggravated battery requires intent. If the incident was an accident or you were misidentified as the perpetrator, the charges might not be valid.
• False accusations or inconsistent witness testimony – Sometimes, people are wrongly accused because of personal motives, misunderstandings, or unreliable statements. We aim to identify inconsistencies and reveal the truth.
• No serious bodily harm or weapon involved – If the injuries were minor or no weapon was used, the case may not meet the legal threshold for aggravated battery.

As former prosecutors, we know how the state builds its case and how to break it down. We carefully review every piece of evidence, from police reports and medical records to surveillance footage and witness interviews, searching for gaps, mistakes, or overreach that can help your defense.

What to Do After an Arrest for Aggravated Battery

An arrest for aggravated battery can feel overwhelming, especially if you’ve never been involved in the criminal justice system before. The choices you make in the hours and days following your arrest can greatly influence the outcome of your case. It’s natural to want to explain your side or clear up a misunderstanding, but doing so without legal guidance can cause more harm than good. Protecting your rights begins with understanding what to do—and what not to do.

Steps to take after being arrested for aggravated battery include:

• Staying silent and requesting a lawyer – You have a constitutional right to remain silent. Do not answer questions or give statements until you’ve spoken with an attorney.
• Avoiding speaking to police or victims – Any conversation, even one you think is harmless, can be used against you in court.
• Documenting anything relevant – If possible, make note of key details about what happened, including names of witnesses, visible injuries, and whether any surveillance cameras may have captured the incident.
• Contacting a defense attorney immediately – The sooner you involve a lawyer, the sooner they can begin protecting your rights, gathering evidence, and building your defense.

We understand how stressful this situation is, and we’re ready to step in when you need us.

Schedule a Free Consultation with a Miami Battery Defense Lawyer

Felony charges like aggravated battery move quickly, and without proper legal representation, the consequences can spiral out of control. The prosecution is already building its case. Now is the time to take control of yours. The sooner you speak with a knowledgeable defense attorney, the better your chances are of protecting your rights, preserving crucial evidence, and pursuing a favorable outcome.

At Hager & Schwartz, P.A., we act quickly and don’t wait for problems to worsen. As former prosecutors, we understand how the system works from the inside, and we use that knowledge to create strong defenses for our clients. Our team is prepared to assist, whether you’re under investigation or already arrested.

Let us fight for your freedom, your reputation, and your future. Contact us to schedule a free, confidential consultation with a Miami battery defense lawyer. We’re available 24/7 to take your call.