Top Buffalo, NY Aggravated Battery Lawyers Near You
For DWI Defense, You Want an Attorney With Over 30 Years of Proven Success to Help You. Call me Today.
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Tim Always Provides His Cell Phone To His Clients For Some Of The Best Response Times In The City. Call For Your Criminal Defense Strategy Today! Fighting For You & Your Rights.
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19 South Long Street, Buffalo, NY 14221
For those working through a Aggravated Battery issue in the Buffalo, New York area, Voelkl Law, P.C. can be your partner in law.
501 John James Audubon Pkwy, Suite 300, Amherst, NY 14228
Patrick M. Noe, Jr., Attorney at Law, a reputable Aggravated Battery firm in New York, serves the Buffalo area.
66 Park Circle, Amherst, NY 14226
Clients needing legal solutions for Aggravated Battery can connect with Cimasi Law Office, a local New York practice.
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12364 Main Rd, Akron, NY 14001
822 Convention Tower, 43 Court St, Buffalo, NY 14202
3110 Delaware Avenue, Kenmore, NY 14217
665 Main St, Buffalo, NY 14203
37 Franklin Street, Suite 800, Buffalo, NY 14202
181 Franklin Street, Buffalo, NY 14202
651 Delaware Avenue, Suite 118, Buffalo, NY 14202
40 Fountain Plaza, Suite 500, Buffalo, NY 14202
One Canalside, 125 Main Street, Buffalo, NY 14203-2887
43 Court St., Suite 800, Buffalo, NY 14202
97 Lake St, Hamburg, NY 14075
107 Delaware Avenue, Suite 1366, Buffalo, NY 14202-2904
5662 Main Street, Williamsville, NY 14221-5506
227 Niagara St, Buffalo, NY 14203
484 Delaware Avenue, Buffalo, NY 14202
390 Elmwood Ave, Buffalo, NY 14222
69 Delaware Ave, Suite 1111, Buffalo, NY 14202
200 Delaware Ave, Suite 1200, Buffalo, NY 14202-2150
484 Delaware Ave, Buffalo, NY 14202-1304
1000 Liberty Building, 424 Main Street, Buffalo, NY 14202
181 Franklin St, Ste 300, Buffalo, NY 14202
43 Court Street, 930 Convention Tower, Buffalo, NY 14202
Buffalo Aggravated Battery Information
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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.
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.