Battery Attorney in Miami
Your Trusted Legal Team After a Battery Charge in Miami
Facing a battery charge in Miami brings complicated decisions, but you do not have to manage them alone. At Law Office of Armando J. Hernandez, P.A., our dedicated team guides you with clear advice, responsive support, and practical solutions tailored to Miami-Dade courts.
As a boutique law firm, we handle every case with focused attention and experienced insight. Working alongside you, we help defend your rights and move forward, drawing on decades of criminal defense experience. Our approach addresses your concerns, so you always know where you stand throughout the process.
Call the strategic battery attorney in Miami at (305) 400-0074 or contact us online now. We are former prosecutors, we offer 24/7 availability and bilingual services, and we offer free consultations to initiate your defense.
Understanding Florida Battery Law
Florida law separates offenses involving threats (assault) from those involving actual physical contact (battery). Battery occurs in one of two ways:
- Intentional Touching/Striking: The person actually and intentionally touches or strikes another person against the will of the other.
- Intentional Harm: The person intentionally causes bodily harm to another person.
Degrees of Battery
The classification of the charge is critical, and the stakes in Miami-Dade County courts are often determined by minor details:
- Simple Battery (§784.03): A First-Degree Misdemeanor, punishable by up to one year in county jail and a 1,000 fine.
- Felony Battery (§784.041): Occurs if the person causes great bodily harm, permanent disability, or permanent disfigurement. This is a Third-Degree Felony, punishable by up to five years in prison.
- Aggravated Battery (§784.045): A Second-Degree Felony, punishable by up to 15 years in prison. This occurs if the person uses a deadly weapon or committed the battery knowing the victim was pregnant.
- Felony Enhancement: Critically, if a person has one prior conviction for battery, felony battery, or aggravated battery, any subsequent simple battery charge is elevated to a Third-Degree Felony.
Our Comprehensive Approach to Battery Defense
As former prosecutors, our firm knows that most battery charges stem from chaotic, emotional, or rapidly escalating situations where the true facts are often obscured. We utilize a defense strategy that assumes the client is innocent until proven guilty, leveraging every constitutional right and affirmative defense.
Primary Defense Strategies
- Self-Defense and Stand Your Ground: This is the most common and powerful defense. We argue that the client was justified in using force because they reasonably believed the force was necessary to defend themselves or a third person against the imminent use of unlawful force. Under Florida's Stand Your Ground law (§776.012), a person is not required to retreat before using force if they are in a place they have a right to be.
- Defense of Property: Force may be justified to protect property, though the use of force must be reasonable and proportional to the threat.
- Lack of Intent / Accident: We present evidence that the physical contact was accidental (e.g., bumping someone in a crowd, flailing arms during a non-physical argument) or that the client was mistakenly identified as the aggressor in a chaotic situation.
- False Accusation/Motive to Lie: Especially in domestic violence-related battery cases, we investigate the accuser's motive, such as securing an advantage in a divorce or child custody dispute, to undermine their credibility.
Pre-Trial Intervention (PTI)
For eligible first-time offenders facing simple battery, our firm aggressively pursues Pre-Trial Diversion/Intervention (PTI). Successful completion of PTI results in the dismissal of the battery charge, protecting the client from a permanent criminal conviction and allowing for the sealing or expungement of the arrest record.
The Miami Criminal Justice Process for Violent Crimes
A battery arrest in Miami-Dade County Superior Court requires immediate strategic action to manage the case trajectory.
- First Appearance and Bond Hearing: The immediate goal is to argue for the client's release with minimal bond. We present evidence of ties to the community and employment to convince the judge that release is appropriate.
- Restraining Orders: In domestic violence battery cases, a temporary protective order (TPO) is often issued. Our firm immediately fights the TPO at the injunction hearing to prevent the long-term imposition of a final restraining order that restricts your housing and contact with your family.
- Discovery and Video Evidence: As former prosecutors, we know to demand the immediate release of all police dash-cam and body-cam footage. In battery cases, this objective video evidence is often decisive in proving whether the client acted in self-defense or whether the touching was accidental.
- Trial Readiness: We prepare every battery case for trial, thoroughly preparing for the cross-examination of the accuser and police witnesses, which gives us maximum leverage in plea negotiations for favorable outcomes.
Why Work with a Battery Lawyer in Miami from Law Office of Armando J. Hernandez, P.A.
Choosing a battery attorney in Miami is a personal decision, and our team’s deep local knowledge ensures you get advice grounded in area courts and real-world outcomes.
- Deep Local Experience: Led by Armando J. Hernandez, our team brings over 20 years of Florida criminal law experience and perspective as a former Miami prosecutor.
- Personal, Responsive Service: Each client receives one-on-one attention, frequent updates, and direct answers—never getting lost in a crowd.
- 24/7 Availability: Legal emergencies cannot wait. We remain available at any hour when you need advice or reassurance.
- Boutique Focus for Your Case: Our boutique approach means we devote our full resources and time to your defense, never sacrificing quality for volume.
- Recognized Quality: Esteemed legal organizations such as The National Trial Lawyers: Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys® have recognized our commitment to criminal defense excellence.
- Spanish-Speaking Team: We serve Miami's diverse community and communicate seamlessly with both English and Spanish-speaking clients.
We know how Miami-Dade cases move and how prosecutors build their arguments. We keep you informed, value your background, and adapt our support—so communication is always clear and relevant to your needs.
Contact a Miami Battery Lawyer for Help Today
Choosing the right battery lawyer in Miami can make a critical difference in your confidence and peace of mind. When you reach out to Law Office of Armando J. Hernandez, P.A., you get clear guidance, practical answers, and the benefit of more than 20 years of local experience.
Call (305) 400-0074 or contact us online today for a confidential consultation—connect with a team that stands by you every step of the way.
