Justia Lawyer Rating
Super Lawyers
The National Trial Lawyers
Avvo Rating


If you have been charged with or are being investigated for battery anywhere in South Florida there is no reason to gamble with your future. Benjamin Herbst is an experienced battery lawyer that specializes in defending clients charged with criminal offenses in Miami-Dade, Broward and Palm Beach Counties. He has also successfully represented numerous defendants on the Treasure Coast jurisdictions of Martin County and St. Lucie County, and is available 7 days a week for a free consultation. Benjamin has defended clients accused of battery hundreds of times, and fights tooth and nail to achieve the best possible result in every case. He is never afraid to go up against the government in a jury trial, and has achieved dozens of acquittals for his clients. Benjamin is available 7 days a week at (954) 543-0305 to offer free no obligation consultation for anyone that is facing charges or is under investigation. It is important to retain a lawyer as soon as possible, because law enforcement officers are usually not up front and honest in their attempts to gain evidence against a suspect. Remember that you or any other person involved in an incident is under no obligation to speak to the police regardless of what they say, and you cannot be charged with obstruction of justice or any other related offense for not talking to the police. Contact Benjamin today to start defending your rights today.

Under Florida statute 784.03 battery can occur under two different scenarios. The first is when a defendant is accused of actually and intentionally touching or striking another person against his or her will. Notice that the law does not mention whether an injury occurred, because under Florida law the State’s Attorney does not have to prove injury in a battery case. All that is required to establish a charge for battery is an accusation by a person that they were touched unlawfully. The second scenario is when a defendant is accused of intentionally causing bodily harm to another person. This scenario covers situations such as throwing an object at a person, and in more serious cases hitting another person with a car or other vehicle. It could also include poisoning another person or causing them to ingest something harmful, though in these situations there are more serious charges to contend with.

Under Florida law there are a variety of affirmative defenses that may be available to a person facing a battery charge. An affirmative defense basically means that the defendant admits the touching happened, but argues that it was justified. The most common affirmative defenses are self-defense or defense of others. Benjamin has successfully argued self-defense in numerous cases and has even won juries trials on this ground. Most recently he prevailed in a shooting case on the grounds of self-defense in Mami, and he is an experienced Florida self-defense attorney practicing in Broward County and Palm Beach County as well.

Benjamin understands that far too many people are unjustly charged with battery, and he knows how to convince the state to drop charges. He is a South Florida battery lawyer with years of experience defending clients and knows how to navigate around the Tri-County courthouses in Miami, Fort Lauderdale and West Palm. Benjamin specializes in domestic battery cases and understands the complex nature of these situations. Emotions are high in all domestic cases, and sometimes this can lead to overcharging or the state seeking unjust penalties. Benjamin knows how to negotiate with prosecutors and present the true facts to a judge that will place his client in the most favorable light, and of course never backs down from trial in a domestic battery case is a fair resolution is unattainable. Benjamin also specializes in representing juvenile defendants and out of state defendants who are facing charges in South Florida, and can be reached day or night at (954) 543-0305.

Client Reviews
My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.