Recently in Assault Category

April 26, 2010

Jacksonville Man Wrongfully Charged of Sexual Assault in Jacksonville Florida

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.

Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Assault , Expunging and Sealing Criminal Records , Sexual Battery

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November 12, 2008

Florida Driver Charged with Four Counts of Aggravated Assault

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. 

Under Florida Statute Section 784.011, a criminal defendant commits assault if:  
  1. The defendant intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim.
  2. At the time, the defendant appeared to have the ability to carry out the threat.
  3. The defendant's act created, in the alleged victim's mind, a well-founded fear the violence was about to take place.
According to Florida Statute Section 784.021, assault becomes aggravated assault if the defendant used a deadly weapon or has the intent to commit a felony.

In Mr. Gibby's case, the aggravated assault occurred when he allegedly attempted to hit three police cars.  However, he may have a defense to this crime.  In Jacksonville, Florida and the surrounding areas, in order to be convicted of the crime of aggravated assault with a deadly weapon, the defendant must intend to assault the victim.  If Mr. Gibby did not intend to hit the police officers with his vehicle, then he did not commit aggravated assault with a deadly weapon.  

In Jacksonville, Florida and the surrounding areas, Aggravated Assault with a Deadly Weapon is a serious offense.  If you are charged with Aggravated Assault, you should hire a Jacksonville Florida Aggravated Assault Attorney.  A Jacksonville Florida Aggravated Assault Attorney has experience with assault crimes and knows the importance of your case.  


Posted by Jacksonville Criminal Defense Lawyer Cynthia M. Veintemillas | | Email This Post

Posted In: Aggravated Assault , Assault

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