Jacksonville Criminal Defense Lawyer Blog

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.

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.  

As a Florida attorney that represents criminal defendants seeking to expunge or seal their records, I have many clients that are surprised to learn that they have criminal records, even though the charges were dropped. The Florida Criminal Background check will show that a person was arrested and the charges were dropped. However, being arrested for a Florida crime can have a devastating affect on your future.

Imagine this. You were arrested in Jacksonville Beach, Florida for domestic battery upon your spouse. The police take you to the Duval County Jail, where you are booked and fingerprinted. Within 24 hours, you are released on bond. A few weeks later, the Duval County State Attorney's Office realizes that you merely acted in self-defense, and the charges are dropped. A year later, you are applying for a job and the potential employer runs a Florida Criminal Background Check. After requesting your Florida Criminal Arrest History, the employer learns of your arrest for domestic battery in Jacksonville and decides not to hire you. This could have been prevented by expunging your Florida Criminal Background.

To expunge your Florida Criminal Arrest, contact a Florida Expunction Lawyer.

Jacksonville Domestic Violence Attorneys and Criminal Defense Lawyers are not the only lawyers that handle domestic battery charges on a regular basis. Family Law attorneys deal with this problem as well. Quite often, I have had a client falsely charged with Jacksonville Domestic Battery. This may be due to vengeance on the side of the alleged victim, or the alleged victim may be trying to get the upper hand in a divorce or custody dispute. However, he or she may not realize that filing a false police report is a serious charge and a first degree misdemeanor. Read Jacksonville False Police Report is a Crime by attorney, Cynthia Veintemillas, and False Domestic Violence Accusations by attorney, Kelly Ryan, for more information.

In my practice as a Jacksonville Domestic Violence Attorney, I have seen many men that were the true "victims" in domestic violence cases. Quite often, a woman will become violent with the man. In some cases, the man must defend himself from her. However, if the police come to the door, they may listen to both stories, but they end up arresting the man or both of them for Jacksonville Domestic Battery. This is based upon the premise and stereotype that men are the abusers in a relationship, but this is not always the case.

A recent U.S. study surveyed 11,000 men and women. This study "found that according to both men's and women's accounts, 50 percent of the violence in their relationships was reciprocal (involving both parties). In those cases, the women were more likely to have been the first to strike. Moreover, when the violence was one-sided, both women and men said that women were the perpetrators about 70 percent of the time." For an great example of such a situtation, read "No One Believed Me: When Men Are Victims of Domestic Violence" by Glenn Sacks, M.A. and Ned Holstein, M.D.

Jacksonville, Florida is no different from the rest of the country. Jacksonville residents are arrested for alleging abusing their girlfriends or wives that do not deserve to be. That is why it is important to address every Jacksonville domestic violence case with an open mind, and not succumb to stereotypes.

A Jacksonville Domestic Battery charge is one of the worse misdemeanors that a person can be charged with in Florida.  Most misdemeanors do not carry a mandatory sentence.  However, Domestic Battery and Driving Under the Influence (DUI) carry a mandatory probation sentence.  Under Florida Statute Section 741.281, if a person is either adjudicated guilty of the offense or the adjudication is withheld, he or she must attend the Batterers' Intervention Program (BIP).  While this does not sound too difficult, it can be.  BIP is a six month program and can be very expensive.  It begins with a $30 fee that is due at orientation.  Then, the student must pay $65 for a evaluation.  After that, he or she must attend six months of classes that occur once a week.  These classes can range anywhere from $10 to $50 depending on the student's income.  The defendant is placed on probation to complete BIP.  The probation office charges approximately $60 a month for the cost of supervision.  Not to mention, court costs are almost $1000. Thus, the costs can really add up.