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.

Recently Clay County Police arrested a young Jacksonville resident for allegedly breaking into another Police officer's home on Sunday morning. According to reports, Jarvis Guthrie, broke into the officer's home and had to be physically restrained until police were able to arrive and take the young man into custody. He is currently being charged with Burglary with the intent to commit battery.

As a Jacksonville Criminal Defense Lawyer, when I hear about these types of incidents; I think about all the mitigating circumstances that surround the incident at hand. Could the alleged suspect have mental disabilities that would hinder his ability to understand his actions? Was the alleged suspect under the influence of medication or other drug that might negate his ability to reason? Or was there some other intervening circumstance that would negate the culpability for this alleged crime? These are just some of the avenues that a Jacksonville Criminal Defense lawyer will consider when handling your Jacksonville Criminal Case.

The advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Also, you still have rights after your arrested and must make sure they are being protected. That is why if you or a loved one have been charged with a Jacksonville Criminal Offense, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what the best course of action in moving forward. It could prove to be all the difference in your case.

Saturday night was supposed to be a time of celebration and festivities for Jacksonville locals on the Northside. The party started as a celebration of the opening of new Northside business, but ended with one man dead and another in critical condition. But, the story takes an unfamiliar path. The police respond to a shooting at the party, where one dies, and while investigating a fight breaks out and leaves another in life-threatening condition. However, what really occurred?

The Jacksonville Sheriff's Office have made two arrests in connection with the violent beating, but still have not made any arrest in relation to the shooting. One man arrested, Marlon Brice, police state they saw him "kicking" the victim. Here is my issue, there were over 150 people at this party and the police would have been at a severe disadvantage as to viewpoint and location. Is Brice really the person they saw? All those legs in the mix could easily be misidentified. As for the other man, Cory Williams, police allege he shot several times at vehicles as they left the scene. He has subsequently been charged with "shooting a gun at the scene." Another tough case to prove, yes he had a weapon, but did he actually shoot it or was he covering for another? Did he just happen to pick up the weapon when police arrived? All these questions and more will have to be answered as this case progresses.

Parties can get out of control and when such large numbers are involved, incidents of violence can occur. However, just because Police have made arrests does not always mean they got the right man. That is where the advise and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. They can review your case, make proper determination as to justifications and defenses, and make sure your rights are being protected. So, if you are facing Jacksonville Criminal

Last week, the Department of Children and Family Services (DCF) shut down Tiny Blessings. DCF closed the daycare, because the owner, Lawanda Jackson, had a Domestic Battery charge on her record. Jackson, through her attorney, claims that "she was given bad advice from her previous lawyer, leading her to think the plea would not affect her license, but it turns out it did." (News4jax.com)

The problem began on October 6, 2010, when Jackson was arrested for domestic battery. The next day, a private lawyer represented her in first appearance court. Through her lawyer, Jackson entered a plea of no contest in first appearance court. The Judge withheld her conviction and sentenced her to probation. She was placed on probation for 12 months to complete the following special conditions: (1) pay a fine and court costs; (2) complete the SAFE families program, and (3) have no contact with the victim of the Jacksonville Domestic Battery. Her probation was subject to early termination. This meant that if she completed the special conditions of her domestic battery probation, she could be released from supervision early. She did finish her probation early, and her probation was terminated on April 25, 2011. Because the SAFE families program takes approximately six months to complete, it appears that she completed her probation as fast as she could.

Over one year later, her license to operate her daycare facility was revoked and her daycare was forced to close. Florida Law governs a person's ability to operate or be employed by certain types of facilities, such as a childcare facility and Domestic Battery is a listed offense.

Jackson's attorney stated that she was not aware of the ramifications when she entered her plea of no contest. He stated that her lawyer, at the time, did not inform her. It appears that Jackson did not have much time to discuss the case with legal counsel, since she pled no contest to the charge within 24 hours of her arrest.

Last week a South Florida 24-year old was arrested following a Domestic Violence altercation when he allegedly threw feces at his girlfriend. The boyfriend is also charged with beating his girlfriend with a bed board and his fists. At the scene the girlfriend refused medical attention although she had an abrasion on her chest. The boyfriend also suffered an abrasion to his left arm. Currently he is being held on a $26,000 bond for battery, aggravated battery, and criminal mischief.

In previous blogs I have written about battery (F.S.A. § 784.03) and aggravated battery (F.S.A § 784.045). Simple battery is a first-degree misdemeanor, whereas, aggravated battery is a third-degree felony punishable by up to 15 years in prison. These are serious charges pending against this young man.

This case is just in the initial stages and there is still a lot that has to be determined before he can be convicted of the charges against him. For instance, the police only arrested the man, but he also suffered injuries. Could those be self-defense injuries? Did the woman actually start the altercation and he was just protecting himself? These and more will be fleshed out as the case progresses.

As a Jacksonville Criminal Defense Lawyer these are just some of the tactics I use to assist my clients with pending Jacksonville Criminal Charges. The advice and assist of a Jacksonville Criminal Law Attorney is always recommended when facing multiple Criminal Charges. So, if you have one or multiple Jacksonville Criminal Charges pending, contact a Jacksonville Criminal Defense Lawyer to discuss your case and make a determination as to the best approach in moving forward.

Two men were arrested in St. Augustine, Florida in connection with Aggravated Battery and Resisting an Officer without Violence charges. According to Jacksonville News (Firstcoastnews.com), Robert Tony Hicks went to a transient camp near State Road 207 in St. Johns County, St. Augustine, Florida. He was confronting an unidentified man over a woman that stayed at the camp. Hicks was accompanied by another man, Peter Joseph Grattan. A fight ensued between the men, when Hicks stabbed the unidentified St. Johns County man. The man had non-life-threatening injuries, but he was still hospitalized.

St. Johns County police officers tracked HIcks and Grattan to a home in St. Augustine, Florida. During the arrest,

"Hicks reportedly struck a K-9 officer in the head as he was being taken into custody, but was subsequently secured with no further incident... Hicks is charged with aggravated battery, resisting an officer without violence and striking a police service animal. His bond is $53,000. Grattan is charged with principal to aggravated battery and resisting an officer without violence. He is being held on $26,500 bond."

Both men are in jail at the St. Johns County Detention Center. They will be facing charges for Florida Aggravated Battery and Resisting an Officer without Violence, among other possible Florida criminal charges in St. Augustine. The St. Augustine Assistant State Attorney will review the file and make a charging decision. Then, the criminal defendants will appear in court for their arraignment, which is when the criminal defendants receive the formal charging document and enter a plea of guilty or not guilty. Usually, a Florida criminal defendant will enter a plea of not guilty in order to investigate the case further. It is unusual for a criminal defendant to enter a guilty plea at arraignment, unless a plea deal has been reached before that date.

For questions about arraignment, contact Florida Criminal Defense Attorney, Cynthia Veintemillas.

Recently, a Florida resident was arrested after brutally beating his girlfriend with a baseball bat. The man, 39 year old James Brannigan Jr. was arrested for aggravated battery with a weapon, violating pre-trial release, and violating a no-contact restraining order. The victim, his girlfriend suffered a possible broken nose, fractured hand, and numerous bruises on her legs.

Aggravated Battery is defined under Florida Statute § 784.045. It is defined as battery in which causes the victim great bodily harm, permanent disfigurement, or permanently disables the victim. Aggravated Battery is considered a second-degree felony and can carry a punishment of the following: term of imprisonment not exceeding 15 years and/or a fine not exceeding $10,000.

Additionally, Domestic Violence is a growing problem in Jacksonville and elsewhere. Remember that if you or anyone you love is ever in the unfortunate situation of dealing with domestic abuse, referring that individual to Hubbard House could be a life or death move. 10 people on average per year in Jacksonville are killed as a result of unreported domestic abuse, far too many in the eyes of the Hubbard House. In an abusive relationship, also be sure to seek the help of a Florida Divorce Lawyer who can help assert your rights as a battered spouse.

Furthermore, Battery can also have civil penalties as well. Under Florida Civil Law the injured victim could bring an action for personal injury resulting from the battery. A Jacksonville Personal Injury Lawyer can review your case and determine proper compensation for your injuries.

When facing several criminal charges, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. A Jacksonville Criminal Defense Lawyer 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.

As a Jacksonville Criminal Defense Attorney, when I hear about a shooting at a Northside Jacksonville Wal-Mart, I automatically assume that a Jacksonville armed robbery occurred and someone is facing the Florida 10-20-Life Statute if arrested, tried, and convicted of this Jacksonville crime. To my surprise, on Monday, something else occurred that involved a Jacksonville Wal-Mart shooting.

The local media reports on News4jax.com have reported that a domestic fight escalated to gunfire outside a Walmart on the Northside of Jacksonville on Monday. "Police have arrested both parties in the dispute. Jacksonville police were called to a shooting in the parking lot of the Lem Turner Road store about 5:45 a.m. Police said Walmart employee Troy Curr-Pennamon, 26, was walking a woman employee outside the store when her boyfriend, Jaquan Holloway, 20, approached and struck Curr-Pennamon. According to the police account of events, Curr-Pennamon went to his car and got out a handgun and shot Holloway one time. He was transported to Shands Jacksonville Medical Center with serious but non-life-threatening injuries. Curr-Pennamon is charged with aggravated battery and possession of a concealed firearm. Halloway was charged with simple battery."

Since Holloway was charged with Simple Battery in Jacksonville, Florida, he will only be facing a first-degeree misdemeanor. This is punishable by up to one year in Duval County Jail. As a Jacksonville Battery Lawyer, I doubt that the Duval County State Attorney Office will pursue jail time for Holloway, considering that he received a harsher punishment, a gunshot wound. On the other hand, Pennamon will be facing a Florida minimum mandatory sentence of 20 years in a Florida State Prison. This case will require further investigation. I would not be surprised to learn Pennamon acted in self-defense. Did he believe that Holloway was going to seriously injured or kill him? Is there evidence to establish that he had a reasonable fear? Did Holloway have a gun or deadly weapon? Holloway's girlfriend was present at the scene. What information does she have? If police did not find a weapon on or near Holloway, is there a possibility that his girlfriend or someone else hid the weapon to protect him.

There are so many unanswered questions. Pennamon's Jacksonville shooting case needs to be throughly investigated by a Jacksonville Criminal Defense Attorney to see if he really is guilty. I have handled many Jacksonville self-defense cases, and I know that things are not always as they seem.

As a Jacksonville Criminal Defense Lawyer I have seen many defendants charged with Battery, but that 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. A person charged with Simple Battery is a first-degree misdemeanor and could face up to 1 year in jail, up to 1 year probation, and/or up to $1,000.00 fine.

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 there cannot be 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.

A Jacksonville woman was attacked after exiting her plane at Jacksonville International Airport on Monday. The attacker, another passenger on the plane, accused the woman of "spreading disease on the plane." The man has subsequently been charged with battery in connection with this incident.

According to the Police report, the two were aboard an American Airlines flight back to Jacksonville late Monday evening when Patrick White, the attacker, verbally harassed and criticized the victim for coughing and "spreading disease." This harassment continued to escalate while exiting the plane. The attacker then ran toward the victim, yelled, and struck her in her chest and shoulder. The impact threw the victim against the wall and resulted in bruising to her back.

This incident shows the anger and frustration that many people face while traveling, especially during the Holidays. But, this is not an excuse to lash out at others with verbal and physical abuse. Based upon my understanding of the facts in this incident, the attacker is likely to face a simple battery charge. Simple battery is a first-degree misdemeanor and if convicted could result in any combination of the following: up to 1 year in jail, up to 1 year probation, and/or up to $1,000.00 fine.

Furthermore, Battery can have 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 for Battery. They will be able to evaluate your case and determine the best course of action in moving forward.

When thinking about Jacksonville airport security, x-ray scanners, searches for explosives and weapons, and terroristic attacks come to mind. As a Jacksonville Criminal Lawyer, rarely do I hear about Jacksonville Criminal Cases at the airport that do not involve airport security or interaction with the airport staff. Today, I read an article on News4jax.com that surprised me. A woman was arriving in Jacksonville, Florida and exiting the airplane. Another passenger, Patrick White, harassed the woman. He was yelling at her and told her that she was spreading her disease and infecting everyone, because she was coughing. He called her obscene names. Then, he "yelled and charged toward her striking her chest with his right shoulder and arm, driving her back and slamming her into the wall."

Mr. White was charged with Jacksonville Battery in Jacksonville, Florida. The woman was treated for some bruising on her back. There is no information as to what motivated White to attack. When receiving a case such as this, a Jacksonville Battery Lawyer should speak with the Criminal client to discuss any possible mental illness, whether it has been previously diagnosed or not. This could be a defense to the charge of Jacksonville Battery based upon insanity or incompetence. Regardless, it may give the Jacksonville Battery Lawyer a better insight as to what occurred on after this Jacksonville flight.

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.

Jacksonville Domestic Violence Accusations are very serious charges. What do you do when you have been accused of Domestic Violence? How do you defend yourself when someone has accused you of domestic violence in Jacksonville, Florida?

1. If someone accuses you of domestic violence, you need to watch what you say. In many cases, when the Jacksonville Sheriff's Office responds to a domestic dispute, someone ends up going to jail. You do not want your words to be misconstrued and used against you.   
2. If you have been arrested for Jacksonville Domestic Battery, you will go before a judge for first appearance court.  Here, you will (a) receive a bond or (b) accept a plea deal.  The majority of the time, accepting a plea deal is one of the worse things that you can do.  Usually, the Jacksonville Domestic Battery Sentence will include extensive probation and you will not be able to get the charge sealed.  It is best to discuss the case with a lawyer (Jacksonville Domestic Violence Attorney, Cynthia Veintemillas) before doing anything.  
3. If you are served with a Jacksonville Restraining Order (Jacksonville Injunction), go to the hearing and be well-prepared.  You should hire an attorney that understands the law surrounding Jacksonville Restraining Orders.  In order for an alleged domestic violence victim to obtain a restraining order, he or she must prove certain things.  Quite often, the evidence is insufficient, so you must properly attack the Jacksonville domestic violence allegation. That why it is important to have a Jacksonville Injunction Lawyer (Jacksonville Injunction Attorney, Cynthia Veintemillas) that has experience not only in defending against the injunctions being issued, but that has also petitioned courts to have injunctions issued and that has defended against criminal violations of injunctions.  
4. Do not speak to the alleged victim or make any contact with this person.  If you have been charged with Jacksonville Domestic Battery and have been released on a bond, you could violated a "No Contact Order" which is a condition of that bond.  If a temporary or permanent injunction for protection against domestic violence has been issued against you, you will violate it, even if the alleged victim tries to contact you.  

In Jacksonville, Florida, a simple battery is a misdemeanor charge. It is governed by Florida Statute Section 784.03. A "battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person." If a criminal defendant has one prior conviction for battery commits any second or subsequent battery, this is a felony of the third degree. It is important to note that it does not matter if the Jacksonville battery defendant entered a plea of guilty no nolo contendere (no contest) to the initial battery charge. It makes no difference if adjudication of guilt was withheld or not. The prior battery charge may still be used to aggravate the Jacksonville battery charge and turn a misdemeanor into a felony.

If you have been arrested for a Jacksonville Battery Crime, contact Jacksonville Battery Lawyer, Cynthia Veintemillas.

Today, Keisha Cabell was arrested for Aggravated Battery in Jacksonville, Florida. Police were dispatched to an altercation at Volunters of America Group Home in downtown Jacksonville. Cabell engaged in an argument with William Benner. According to local media and police reports, she argued with Benner and punched him twice. Thereafter, she retrieved a knife and began stabbing him. She is also accused of stabbing Yulanda Lester after Lester tried to take the knife away.

When Cabell initially punched Benner, she committed a simple battery, which is a first-degree misdemeanor. When Cabell used the knife, she committed Jacksonville aggravated battery with a deadly weapon. This is a second-degree felony. Even if Cabell did not use a knife, she could have been charged with felony battery, regardless. It appears that she has prior arrests and at least one conviction for battery. This can result in the Duval County State Attorney Office filing a charge of battery with one or more prior convictions pursuant to Florida Statute Section 784.03(2). This will upgrade a simple battery to a felony Battery in Jacksonville, Florida (See Jacksonville Felony Battery and Misdemeanor Battery Charges).