Violent Crime Defense Lawyer in Miami
Handling Charges of Battery, Assault, Stalking, Domestic Violence & More
Fischer Redavid PLLC is committed to defending humans, not just arguing cases. We fight aggressively for you, the accused, to protect your rights and your future. Charges of violent crimes in Miami carry serious penalties. You need experienced and tenacious trial attorneys who know how to build a defense. We take on clients facing charges of assault, battery, stalking, domestic violence, kidnapping, manslaughter, weapons offenses, and murder. Trust our dedication to you as a person and not just a case number.
Call Fischer Redavid PLLC today at (305) 400-0074 to reach our Miami criminal defense attorneys 24/7.
Battery: Simple, Felony, Domestic, Aggravated, Burglary
The crime of battery occurs when a person actually and intentionally touches or strikes another person against their will. Battery also involves intentionally causing bodily harm to another person, but injury does not necessarily have to occur for an action to be classified as battery. Simple battery, as it is commonly called, is a first-degree misdemeanor, punishable by up to 364 days in jail.
Many factors can change the severity of the charge, such as:
- Prior battery conviction(s) (Felony Battery)
- Victim suffers serious injury or permanent disability or disfigurement (Felony Battery)
- Domestic battery by strangulation (Domestic Battery)
- Use of a deadly weapon (Aggravated Battery)
- Alleged victim was pregnant at the time of the offense (Aggravated Battery)
- Battery while committing a burglary (Burg-Batt)
Charges for these situations can range from third-degree felony for second or subsequent battery charges, punishable by up to five years in prison, to first-degree felony for Burg-Batt, with a maximum sentence of life in prison. Because of the seriousness and severity of these offenses, the government treats them accordingly. Usually, the alleged victim plays a big role in the prosecution and plea bargaining process, even if he or she does not appear in court. The Miami battery defense attorneys at Fischer Redavid PLLC prepare for every angle and help guide you through the process. Call (305) 400-0074 for a free case consultation.
Simple Assault vs. Aggravated Assault
Legally, an assault is an intentional, unlawful threat of violence toward another person, by word or act. There must also be an apparent ability to carry out the threat, as well as some act that creates a well-founded fear in the other person. A simple assault is usually charged as a second-degree misdemeanor, punishable by a maximum of sixty days in jail.
If, in the course of committing an assault, a deadly weapon or intent to commit another felony is also present, it becomes an aggravated assault. Aggravated assault is a third-degree felony, punishable by a maximum of five years in prison. The slightest change in the alleged commission of an assault can mean the difference between days in jail and years in prison, but Fischer Redavid PLLC has an excellent track record defending these types of cases. Contact us immediately if you’ve been charged with assault.
Stalking and Domestic Violence
The term stalking covers a wide array of conduct. It might include harassment, which is defined as engaging in a pattern of conduct over a period of time, directed at a specific person, that causes substantial emotional distress and serves no legitimate purpose.
It might also include cyberstalking, which is similar to harassment but requires efforts to communicate through the use of email or electronic communication. In Florida, stalking can be either a misdemeanor or felony depending on certain factors.
Domestic violence refers to any assault, battery, sexual assault or battery, kidnapping or false imprisonment, stalking, or other criminal action that results in the injury or death of one family or household member by another.
Family or household members may include, but are not limited to:
- Former spouses
- Blood relations
If someone is found guilty of a domestic violence crime with intentional bodily harm to another person, the court must sentence the person to a minimum of five days in jail. Additionally, domestic violence cases usually involve the potential for injunctions, stay away orders, and protective orders. Fischer Redavid PLLC is here to assist you or your loved one in any domestic violence matter.
Our Miami criminal defense attorneys are here for you when you’ve been charged with a violent crime. Contact us at (305) 400-0074 now for a free case consultation.