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Felony Battery

Felony battery is one of the most common crimes in the circuit courts of Florida, and it is a charge that can affect all types of defendants. The law was written in such a way that overcharging is widespread, and numerous first-time offenders can be subjected to a domestic felony battery charge. We have seen professionals such as lawyers, doctors and police officers charged with felony battery, and repeat offenders who have not been in trouble for years are also at risk. If you are facing charges in Miami, Fort Lauderdale or Palm Beach County there is no need to take on the government without a skilled lawyer in your corner. Benjamin Herbst is an experienced South Florida felony battery lawyer who has the knowledge and dedication to achieve the best possible results in court and during pre-trial negotiations. He also vigorously represents clients facing charges in the Treasure Coast jurisdictions of Martin County and St. Lucie County. Contact Benjamin today for a free consultation at (954) 543-0305 for a free consultation how you can put yourself in the best possible position to avoid jail and clear your name.

Under Florida statute 784.03 and 784.041 felony battery charges can arise under three scenarios. One scenario occurs when a repeat offender is charged with a felony battery under facts that would normally be consistent with a misdemeanor. Anyone with a prior conviction for battery, aggravated battery or felony battery is at risk of being charged with felony battery simply due to their record. It is important to understand that for the purpose of this statute a conviction is defined as a determination of guilt after a plea or trial, which means that a withhold of adjudication still counts as a prior conviction. There is also no time limit for the prior, so a defendant with a 20-year old battery could be charged with a felony for an unlawful touching that does not produce any sort of physical injury. If a defendant has a conviction for battery in any state a Florida prosecutor could legally seek subsequent offender penalties.

Another felony battery scenario occurs when a defendant is charged with domestic battery by strangulation. In Florida, strangulation is defined as intentionally and unlawfully impeding the breathing or blood flow of another person by applying pressure to the neck or throat, or blocking breathing through the nose or mouth. In addition, the state must also establish that the defendant was a family or household member of or in a dating relationship with the victim. Benjamin Herbst is an experienced domestic battery by strangulation lawyer practicing in South Florida that understands the complex and unique aspects of these cases. Strangulation cases may often call for the use of a medical expert and Benjamin has worked with numerous experts over the course of his legal career. The final felony battery scenario occurs when the defendant commits a battery that causes great bodily harm, permanent disfigurement or permanent disability. These cases also may require the use of expert testimony to rebut the testimony of the state’s medical expert.

Felony battery is a third-degree felony with a 5-year maximum penalty under Florida law, and this offense typically scores higher than other third-degree felonies due to the injury factor. The risk of incarceration is high for anyone that is convicted of felony batter, which is why retaining an experienced South Florida criminal defense lawyer is imperative. Benjamin was trained in the practice of criminal law while working at the Miami-Dade justice center, and then went on to work in the Broward County Courthouse as a felony trial attorney. After handling hundreds of cases Benjamin was hired by a private law firm defending clients in all Tri-County and Treasure Coast jurisdictions. Benjamin has successfully represented clients in felony batter cases all over South Florida, and is available at (954) 543-0305 to offer a free consultation anytime.

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.