Top Russellville, AL Aggravated Battery Lawyers Near You
Russellville Aggravated Battery Information
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- Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
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What Is Aggravated Battery?
Aggravated battery refers to an offense where an individual causes physical harm to a victim.
What’s the Difference Between Battery and Aggravated Battery?
While battery and assault can be easily differentiated (battery involves an elemental requirement that the offender actually makes physical contact with the victim, where assault does not have such a requirement), the differences between battery and aggravated battery can be a little harder to delineate.
Both battery and aggravated battery involve the offender making physical contact with the victim, but aggravated battery charges typically call for the offender having caused serious or grievous bodily harm to the victim during the commission of the crime. Other factors can also elevate battery charges to aggravated battery, such as committing a battery against a person belonging to a protected or vulnerable legal category such as the elderly or infirm, members of the public service or law enforcement or minors, as well as utilizing a firearm or other deadly weapon during the offense.
Is Aggravated Battery a Felony?
Aggravated battery is almost always classified as a felony, largely due to the fact that battery is categorized as a violent offense, and aggravated battery is the more severe form of simple battery (which may be categorized as a misdemeanor in certain instances). Certain jurisdictions may classify technical instances of aggravated battery as misdemeanor offenses.
Aggravated battery can result in serious lifelong injury or disability to the victim, maiming or disfigurement and as such it is rare to see aggravated battery charged as anything other than a felony.
What Is the Penalty for Aggravated Battery?
At the federal level, although the word battery is not explicitly included, it is clear that assaults involving striking, beating or wounding are worthy of a prison sentence of at least one year. If a weapon is involved, a penalty of up to 10 years incarceration is possible in federal court. More serious assaults/aggravated batteries (with intent to commit murder) could result in a federal sentence of up to 20 years behind bars.
State laws vary in terms of sentencing responses to aggravated battery charges. In some states, aggravated battery is classified as a second-degree felony with a minimum sentence of 21 months imprisonment, a maximum sentence of 15 years in jail and an additional probation period of up to 15 years. A fine of $10,000 may also be included if you are found guilty of the offense. If a firearm was used in the commission of the crime, there is a mandatory 10 year sentence — or 20 years if the firearm was actually discharged during the proceedings, and 25 years if the gunfire caused injury or death.
These ranges are similarly applied in most state jurisdictions with some states leading to 12 and 45 years in jail while other states are a bit more lenient, classifying aggravated battery as a “wobbler” worthy of only up to one year in county jail if convicted of the misdemeanor.
Can I Get Probation for Aggravated Battery?
Probation is almost always attached to sentences resulting from either a misdemeanor or felony battery, with the latter having lengthy probationary periods. Court-ordered probation can last anywhere from a number of months to 15 years.
Those looking to avoid probation (or perhaps conviction and a pursuant jail or prison term entirely) should consult experienced legal counsel. Not only can a skilled criminal defense attorney familiar with existing case law and standing precedent concerning aggravated battery cases guide you through the legal process — advising you on whether or not it’s viable to bring your case to trial or to seek a plea bargain -— but you can divulge all material evidence in your possession without fear of reprisal.
A good lawyer can help to reduce the likelihood of a lengthy jail sentence, particularly if the prosecution has a lack of evidence on their side of the legal argument. A conviction in response to aggravated battery charges can create a permanent record.
Have You Been Charged With Aggravated Battery?
An aggravated battery criminal offense is a more serious version of battery and imposes a more severe sentence if you are convicted. Contact an aggravated battery defense attorney today to protect your legal rights and receive the best representation available.
Tips on Hiring an Experienced Lawyer with Aggravated Battery Cases
The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers who have been practicing law for many years (with a successful track record) tend to be in high demand. You should look for information about a lawyer’s experience and ask questions during the initial meeting. It’s a very good idea to ask the lawyer how many years they have been practicing law and the expected outcome of your case.
What sort of issues can I seek legal help with?
Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.
Tips on Approaching an Initial Attorney Consultation
- Use the consultation as a means of gaining a better understanding of your legal situation.
- Ask the attorney how many cases similar to yours he/she has handled. An attorney’s experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
- Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
- Determine how comfortable you are working with the lawyer and/or law firm.
Types of legal fees:
Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.
Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.
Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.
Common legal terms explained
Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.