Brown & Rice, PA
2003 Curry Ford Rd
Orlando, FL 32806
Aggravated Battery with a Motor Vehicle is essentially the same as Aggravated Battery with a Deadly Weapon. The state must prove that the defendant battered the alleged victim using or (threatening) a weapon in a manner that was likely to cause death or great bodily harm to the victim. The key issues in Aggravated Battery with a Motor Vehicle cases are, however, quite technical and unique: was the alleged victim actually battered and was the vehicle used in a manner likely to cause death or great bodily harm?
A case where the operator of one vehicle is accused of ramming another occupied vehicle presents the first unique issue for these charges. The alleged victims were not directly impacted by the accused's vehicle, so how can that be a battery? The courts have determined that this situation may be considered a battery only when the State proves that the alleged victim was jostled, moved about their vehicle, or had to brace due to the impact of the defendant's vehicle.
Our criminal defense attorneys will challenge the State's evidence and fight your aggravated battery charges. Call us at (407) 956-2172 to discuss your case.
The second unique issue in aggravated battery with a motor vehicle case is whether the defendant used other threatened to use the vehicle in a way likely to produce death or great bodily harm. The State must prove that the impact was done in such a manner. For instance, rear-ending someone at 15mph may not be likely to cause great bodily harm, but t-boning another vehicle at 50mph may be. That is why the facts of your particular case are so important in crafting your defense strategy. Call us today to discuss the facts of your aggravated battery charge and your possible defenses.
As you've read, Aggravated Battery with a Motor Vehicle cases are very fact-driven and technical. Our Orlando criminal defense attorneys will thoroughly review the evidence in your case and advise you of your defense options. Contact our experienced criminal lawyers and former prosecutors to begin preparing your defense.
To fight your Aggravated Battery with a Motor Vehicle charge, contact one of our criminal defense attorneys at (407) 956-2172.
Brown & Rice, P.A., serves clients in the Orlando, Florida, area, including the cities of Kissimmee, Winter Park, Winter Garden, Winter Springs, Longwood, Sanford, Deltona, Davenport, Lake Buena Vista, Deland, Daytona Beach, Mt. Dora, Ocala, Belleview, St. Cloud, Poinciana, Lake Mary, Apopka, Clermont, Maitland, Windermere, Heathrow, Lake Nona and Oviedo, as well as Orange County, Seminole County, Volusia County, Marion County, Lake County, and Osceola County.