If you are facing an aggravated battery charge it is important to retain an attorney with a strong background in defending against serious criminal charges. Jeff Dean has had extensive experience and great success in handling serious criminal cases, and importantly, he practices criminal defense to the exclusion of everything else. Mr. Dean has won DISMISSALS of assault and domestic violence charges, and has had felony assault charges reduced to a simple misdemeanor disorderly conduct, with payment of a small fine as the only penalty. Besides assault cases, Jeff Dean has won DISMISSALS or NOT GUILTY verdicts in a wide range of criminal cases, including: DUI, drug charges, date rape, prostitution, and murder and manslaughter.
In your particular situation, Mr. Dean will select the best defense technique and he will fight for a successful outcome. You are presumed innocent. Because you have been charged with aggravated battery does not mean you are guilty.
To protect your rights call Jeff Dean today at (305) 967-6311 or (954) 204-3633.
South Florida Battery Offense Charge Defense
There are several different forms of battery charges, including misdemeanor or simple battery, felony battery, domestic battery by strangulation, and aggravated battery. You will need an experienced, aggressive attorney if you have been accused of battery of any kind.
Misdemeanor Battery or Simple Battery
Misdemeanor battery (sometimes also called simple battery) is committed when a person intentionally and actually touches another person against their will, or intentionally causes any kind of bodily harm to that person. A misdemeanor battery is a misdemeanor of the first degree. However, anybody who has a prior conviction for battery, aggravated battery, or felony battery and commits a second battery commits a third degree with felony with far more serious consequences. A prior battery “conviction” includes any case where there was a finding of guilt, including where adjudication was withheld or a plea of nolo contendere was entered.
Felony Battery and Domestic Battery by Strangulation
A person can be charged with felony battery if he actually and intentionally touches another person in a non-consensual manner and that touching causes either great bodily harm, or a permanent disability, or permanent disfigurement. An accused will also face felony battery if he or she commits domestic battery by strangulation. Here the state must prove that the accused intentionally impeded the normal breathing of a family member, household member, or of a person with whom he or she is in a “dating relationship”, and the strangulation created a risk of or caused great bodily harm. Dating relationship is defined as a significant relationship of an intimate or romantic nature. A felony battery or domestic battery by strangulation is a felony of the third degree.
An accused commits an aggravated battery when he, while committing battery, and with intent, causes the alleged victim great bodily harm, permanent disfigurement, or a permanent disability; or commits any form of battery while using a deadly weapon. A person also commits an aggravated battery if the victim was pregnant at the time, and the accused knew or should have known that she was pregnant. An aggravated battery is a felony of the second degree.
Defense Tactics to Consider
There are many defense tactics that battery attorney Jeff Dean may be able to use in your case. It could be that you acted in self-defense or in defense of others. Self Defense is the justifiable use of force and allows a person to use force, and in some situations deadly force, to protect one’s self, or another person, as long as the force used is proportionate to the threat encountered.
Another defense is that you did not have the intent to commit the act. The state is required to prove beyond a reasonable doubt that you acted with such intent; and if there is any reasonable doubt that you lacked this intent then you are not guilty. As outlined above, for misdemeanor battery and simple battery the state must prove that you intentionally touched a person in a non-consensual manner or intentionally caused bodily harm. For felony battery the state has to prove that the unwanted touching caused great bodily harm, or a disability or disfigurement, or that there was strangulation while committing a domestic battery. And an aggravated battery can be proven by showing that the intentional act was committed while using a weapon. Jeff Dean may argue in your case that you did not have the intent to commit the charged act and therefore that you are innocent.
Number One for Miami & Fort Lauderdale Criminal Defense
Jeff Dean is an experienced and successful Miami battery attorney that will fight on your behalf. You don’t want to take chances with something as serious as an aggravated battery accusation and with Jeff Dean, you can be sure that your case is in the right hands.
Contact Jeff Dean today at (305) 967-6311 or (954) 204-3633.