Jacksonville Criminal Defense Lawyer Blog

A Jacksonville Criminal Defense Lawyer has seen many defendants charged with Battery, but they do completely understand what actually constitutes Battery and the difference between Battery and Assault. My hopes are this Jacksonville Criminal Defense Lawyer Blog will clarify the misconception of Battery.

Simple Battery is defined within Florida Statute § 784.03, which states

But, what does that mean for a Jacksonville Criminal Defendant? It means if you strike, punch, kick, grab, or throw something at another individual you could be charged with Battery. Furthermore, an injury does not have to occur to be charged; all Battery is, is the un-consensual touching of another. This is a very low standard and can hold serious penalties if convicted. Simple Battery is a first-degree misdemeanor and could face up to 1 year in jail, a year of probation, and/or up to $1,000.00 in fines.

There are defenses to Battery that a Jacksonville Criminal Defense Lawyer can utilize in your case to attempt to reduce or dismiss the charges against you. There are two formal defenses to Battery, self-defense and consent. Self-defense is the justified use of force to prevent injury or serious bodily harm that is imminent. For instance, if someone is about to attack you without provocation, you have a right to defend yourself. Consent, negates an element of Battery. Since Battery is the un-consensual touching, if you have consent to touch, there cannot be a Battery. This occurs with most athletic events.

Florida law allows for distinctions between Simple Battery, Aggravated Battery, and Felony Battery. Mostly the difference lies in the amount of harm that is inflicted upon the victim. For instance, felony battery requires great bodily harm, permanent disfigurement, or permanent disability. In contrast, Simple Battery only requires an un-consensual toughing. Also, as the injuries escalate so do the penalties that could be imposed.

Battery has both Criminal and Civil implications. This means you could face criminal charges and in addition have a civil judgment filed against you. It is in your best interest to contact a Jacksonville Criminal Defense Lawyer or a Jacksonville Personal Injury Lawyer if you or a loved one have been charged or have charges pending against you for Battery. They will be able to evaluate your case and determine the best course of action in moving forward.

An aggravated assault charge is nothing more than a simple assault that has gone too far. But what actually constitutes an aggravated assault is not always clear. For instance, a simple assault would just be a fight between two individuals. However, if someone throws an object, even without intent to hit the other, the Sate could charge the defendant with Aggravated Assault.

Florida Statute § 784.021 has defined aggravated assault as "an assault with a deadly weapon without the intent to kill OR with an intent to commit a felony." Additionally, aggravated assault is a 3rd degree felony punishable by imprisonment not to exceed 5 years and/or a $5000 fine. In contrast, Florida Statute § 784.011 defines assault as "an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well founded fear in such other person that such violence is imminent." A person found guilty of assault is a 2nd degree misdemeanor punishable by 60 days in jail and/or $500 fine.

There is a thin line between simple assault, a misdemeanor, and aggravated assault, a felony. Even so, a Jacksonville Criminal Defense Lawyer will be able to utilize their knowledge and understanding to work with the State prosecutor and try to get your aggravated assault charge reduced to a simple assault or even dismissed.

If you or a loved one have been charged with either a simple assault or aggravated assault, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what the best course of action in moving forward. It could be the difference between a misdemeanor and a felony conviction.

A recent autopsy of the FAMU student who died last month following a hazing incident revealed massive internal bleeding to the student's back and shoulders. The student, Robert Champion collapsed on the bus following a football game between FAMU and Bethune-Cookman College. Currently there have not been any charges filed against fellow band members.

According to the report release the student endured repeated heavy blows to his chest, arms, and back. As a result, he suffered massive internal bleeding in his chest, back, and arms. The medical examiner has also concluded the cause of death was a homicide.

Florida law defines Hazing as any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. Furthermore, if a death results from a hazing activity the person will be charged with a third-degree felony. Punishments include incarceration not exceeding 5 years and/ or $1000 fine.

Florida "Hazing" laws encompass activities that some might not see as criminal, be it by there participation in such activates in their youth or their jovial nature. Even so, Florida does not take "hazing" lightly. If you have been charged with Hazing or currently have Hazing charges pending, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine the best course of action in moving forward.

Earlier this week Jacksonville Police charged Timothy Byrd, a 50 year old Jacksonville resident, for murder after his father died from injuries sustained during an alleged "play fighting" incident that took place over Halloween weekend.

The victim, Robert Byrd, was an 83 year old Jacksonville resident and father to Timothy Byrd, the suspect in this case. According to Jacksonville Police reports, Timothy was originally arrested for aggravated battery in connection with this incident, but following his father's death on November 17th, he was subsequently charged with murder. The suspect has admitted to striking his father, but claims they were just "play fight[ing]." This case is still in the initial stages and will be interesting to follow as the facts of this incident come to light.

When facing a murder charge, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. That is why it is important to contact a Jacksonville Criminal Defense Lawyer if you are facing Criminal charges or already have Criminal charges pending. A Jacksonville Criminal Defense Attorney will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

This case proceeds from an appeal of the Circuit Court in Lee County, where the court denied the motion for acquittal of the Appellant's Aggravated Assault on a Law Enforcement Officer. The 2nd District court sitting En Banc, affirmed the decision and writes to clarify the law previously relied upon in State v. Shorette, 404 So.2d 816 (Fla. 2d DCA, 1981).

The facts are simple; the appellant was the driver of a vehicle that was subject to a BOLO by the police. As the officer's approached the vehicle the passenger was order on the ground at gunpoint. One of the Officers was located approximately 5 to 10 feet behind the vehicle. At this point the reverse light of the vehicle came on and the driver quickly proceeded to reverse in the direction of the Officer. The Officer had to quickly maneuver out of the way to avoid being hit. This action put the Officer in apprehension of his safety.

The appellant's argument is based upon his lack of intent to cause harm to the victim. He relies on State v. Shorette as grounds for his motion for acquittal. In Shorette, the court ruled the state had to prove that the defendant had the specific intent to do violence to the victims. 404 So.2d at 817. However, this Court has ruled that is a misstatement of the law. Assault is defined in Florida Statutes 784.011 (1) as "an intentional, unlawful threat by... act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent."

This Court ruled that the state must prove that the defendant's act was substantially certain to put the victim in fear of imminent of violence. Not that the defendant had the intent to do the violence upon the victim, as stated in Shorette and relied upon by the appellant. Therefore, in this case, the Court was correct in denying the motion because that state established the officer was in fear of immediate bodily harm by the vehicle speeding towards him. Therefore, the elements of Assault have been satisfied and the issue can go before the jury.

If you have pending criminal charges against you, it is in your best interest to consult a Jacksonville Criminal Defense Lawyer. They will be able to evaluate your case and determine the best avenue in which to proceed.

Dos Gatos is a cocktail lounge in downtown Jacksonville, Florida. It is popular for its signature drinks and mellow atmosphere. In the early morning hours of March 1, 2011, the Jacksonville bar ended up with more action than usual. According to local media reports (Florida Times Union and First Coast News of Jacksonville), a fight broke out in the bar that resulted in a shooting in the the street. A woman was taken into custody in reference to this Jacksonville shooting. As of today's date, charges have not been filed. Depending on the circumstances, if this woman is the shooter, she could be charged with aggravated assault or battery, attempted murder, or a homicide crime. The criminal charges will depend on the facts of the case.

Jacksonville former firefighter, Daniel Foote, was arrested for Jacksonville Sexual Assault. He was accused of rape but released from jail on April 23, 2010. He was arrested after a woman alleged that he sexually assaulted her, and police linked him to DNA evidence. Later, the woman recanted and stated that the sexual encounter was consensual. This led to his release.

Although Mr. Foote is no longer in custody, his charges have not been dropped. Indeed, I anticipate that charges will be dropped. However, this will not clear this charge from his Florida Criminal Record. In order to have these charges expunged in Florida, he will need to have the charges dropped. Additionally, he cannot have any prior convictions. According to News4Jax.com, he has a prior charge, which may have resulted in a conviction, and if this is the case, a Florida Record Expunction will not be permitted.

In St. Augustine, Florida, Barry Gibby and Kelly Brooks were arrested in connection with theft of case of beer on Veteran's Day.  The arrest was not easy for police.  When attempting to stop the vehicle, Mr. Gibby led police on a high-speed chase.  During the fleeing, Mr. Gibby attempted to hit three cruisers, but eventually crashed into a ditch.  After this, Mr. Gibby tried to run from police.  Mr. Gibby faces charges for reckless driving, fleeing and attempting to elude, driving on a suspended license, aggravated assault, resisting an officer without violence, and a violation of probation.