Self-Defense

March 8, 2015

Father Beats Daughter’s Boyfriend with Baseball Bat: Aggravated Battery or Justified Defense of Others?

When Jimmy Morris discovered that his daughter’s boyfriend had beaten her bloody in front of her children, Mr, Morris took matters into his own hands before police arrived. Witnesses who were present at the scene reported that Morris took a baseball bat from his truck and hit his daughter’s abusive boyfriend with enough force to crack the bat. Top Jacksonville criminal defense lawyers immediately begin to think of ways to defend against potential aggravated battery charges after hearing the facts in this case. Morris’ best hope of a legal defense lies in the principle of self defense, which includes defense of others, being applied to Morris’ case. So what is the likelihood that Morris could be saved by the principles of self defense?

Under Florida law, a battery is simply a harmful or offensive touching of another; this offense is a misdemeanor that is punishable by up to one (1) year in jail. Section 784.045 elevates a simple battery offense up to aggravated battery when great harm is done to the victim, when the victim is permanently disfigured or disabled, or when the defendant uses a deadly weapon; aggravated battery is a second degree that can land a defendant in prison for up to fifteen (15) years. Whether an object is a deadly weapon depends on the way that it is used. Taking a bat to an individual’s head is absolutely enough to qualify the bat as a deadly weapon.

Applying a self defense theory to Morris’ defense may prove difficult in this situation. Self defense does not mean what I’ve found that the average person thinks it means. You hit me– I hit you back. Or in Morris’ case… You hit my daughter– I crack your skull. Self defense (or defense of others) applies when a certain amount of reasonable force is used to stop unlawful force from being used against you (or the person you’re defending). Simplified, it boils down to what needs to be done to get the attacker off you or someone else while the attack is happening. Hitting his daughter’s boyfriend after the boyfriend beat her, rather than while he was attacking her, creates a problem. Continue reading

February 2, 2015

Shooting : Talking to the Police or Press After a Shooting

by David M. Goldman

In July of 2014, an Arizona homeowner shot and killed one of two intruders who had entered his home in the middle of the night. The homeowner was eighty (80) year old Thomas Greer, who had been assaulted during the home invasion and suffered a broken collar bone, according to ammoland.com. Later, When Greer spoke with reporters regarding the attack and the shooting of the female burglar, Mr. Greer made comments that weren’t the smartest of things to say. In fact, the forensic evidence showed that what Greer told reporters wasn’t even the true about what happened.

What Greer told reporters is that the female told him she was pregnant and begged him not to shoot. He said that he shot her in the back as she ran out into his front yard in an attempt to escape. However, the the forensic evidence showed that the female intruder had been shot once in the chest and once in the knee. The evidence also showed that the woman had been shot inside Greer’s home, and later ran outside. The prosecution made its decision not to charge Greer with the shooting death based what the forensic evidence showed, but it could have easily turned into a situation where Greer could have been in need of a criminal defense lawyer himself.

Greer’s example comes to us from Arizona, but could have easily taken place anywhere in the State of Florida. Under Florida law, specifically Florida Statute 776.013, a person is justified in using or threatening to use deadly force when an intruder enters a residence without permission. The law creates a presumption that the person using deadly force in this situation to defend his or home home was reasonable in his or her fear of imminent death or great bodily harm. The issue with Mr. Greer’s statements is that the statements have the ability to chip away at the legal presumption of fear of imminent death or great bodily harm.
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November 23, 2014

Student Arrested for Battery After Attack in Front of Resource Officer

by David M. Goldman

As a Jacksonville criminal defense attorney, brazen acts committed in front of authority figures are like nails on a chalk board. Perhaps the only things that could be worse for a Jacksonville criminal defense attorney are videos of the offense and confessions. Recently at Jacksonville’s Wolfson High School, 18 year old Chynna Cinnamon Thompson allegedly attacked another student and the Dean of Discipline, Joshua Kristol, when he tried to intervene. According to firstcoastnews.com, both acts took place in front of a school resource officer. Thompson was arrested for misdemeanor battery, as well as, battery on a school employee.

Battery occurs when someone intentionally touches or strikes another person against the person’s will or intentionally causes bodily harm to another person. Battery is typically a 1st degree misdemeanor, but under Florida law, when certain classes of people become victims of a battery, the offense is automatically reclassified as a felony. In the case of a school board employee, as we have here, the battery is reclassified a 3rd degree felony. Felony offenses, by definition, are offenses where a person can be imprisoned for more than one year. In these cases, hiring an experienced Jacksonville criminal defense attorney to defend you or loved one is important.

Battery on a school board employee is punishable by up to five years in Florida State Prison, while a simple misdemeanor battery can have a punishment up to one year in jail. This puts Thompson in jeopardy of spending up to six years behind bars. However, based on the limited information available to the public and the apparent lack of any serious injuries in this case, it is unlikely that Thompson will be sent to prison, but the boldness required to launch an attack in font of a school resource officer will most certainly be of great concern to the State Attorney’s Office and the presiding judge.
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September 11, 2014

NFL Star Caught on Video Committing Domestic Battery; Implications Under Florida Law

by David M. Goldman

NFL star running back, Ray Rice, has been all over headlines lately after a video surfaced that shows Rice punching his then-fiancée, Janay Palmer, in the face… knocking her out cold. TMZ.com first posted the full video on September 8, 2014. The video shows Rice hit Palmer inside an elevator, then drags her out after he knocks her unconscious.

Rice was indicted for aggravated assault as a result of the domestic violence incident that took place. The incident occurred in Atlantic City; Palmer was also charged with assault by Atlantic County, but the charges against her were later dismissed. Other States label offenses differently in some circumstances. In Florida, Rice’s conducted would be labeled as battery, rather than assault. A battery occurs when a person is touched or struck against the person’s will. An assault occurs when a victim is put in fear of being touched or struck. The fear has to be reasonable and the person threatening some sort of harm must have an apparent ability to follow through with the threat.

A battery or assault offense can carry a range of degrees in Florida, and accordingly there is a range of possible penalties that apply. Additionally, domestic battery convictions result in the loss of firearm rights, even in cases where the offense is not a felony offense. Criminal defense lawyers most often look to self defense as a shield against battery or assault charges. In cases like Ray Rice’s case where the attack is on video and clearly shows that self defense is not an available defense, an experienced criminal defense attorney that can negotiate on behalf of the defendant is invaluable.
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August 8, 2014

Resisting A Law Enforcement Officer: More Trouble Than Its Worth

by David M. Goldman

If you were to ask a Jacksonville criminal defense lawyer when was a good time for his or her client to resist an officer, the most likely answer you would get is, “never”. Most of the time, resisting an officer invites unwanted trouble. Over the years I’ve seen many clients who could have avoided arrest all together by simply relaxing. Whatever the reason was that the officer had to “harass” the client went away, but the Resisting Without Violence offense that came as a result of the client walking away when the officer had a legally valid reason for the stop would still stick around; often leading to a night in jail and unnecessary court costs and other fees.

In a July 23, 2014 article entitled Know Your Rights Under Florida Law, I discussed some of the basics regarding what you should do (and not do) when you encounter police. That article also contains a link to an ACLU rights card that is available as a free download and is very informative about your rights. It is never a good idea to physically resist an officer, with incredibly limited exception. Usually, the consequences of not putting your hands behind your back as directed means an additional offenses being charged, additional fines, and the like. Well, in the case of 43 year old Eric Garner, the ultimate price was paid after Mr. Garner refused to be taken in to custody in New York.

Eric Garner died after being placed in a chokehold by police while officers tried to subdue Mr. Garner, who pulled away when they attempted to arrest him for illegally selling cigarettes, according to FindLaw.com. An eyewitness recorded the entire incident. //www.youtube.com/watch?v=5LSBpwmMnVM Continue reading

August 4, 2014

Does The Prohibition Against Openly Carrying Guns In Florida Combine With the Concealed Weapons Law to Limit Floridians” Constitutional Right to Bear Arms?

by David M. Goldman

There are probably people that would say, “Yes!” if asked whether Florida’s current legal climate unconstitutionally limits the rights of citizens to carry guns; while some will disagree with that opinion. Lawyers in Florida, politicians, anti-gun groups, pro-gun groups, and all others in between have different opinions on the issue because the answer isn’t straight forward.

Both extremes, pro- and anti-gun groups, alike, have validity to the concerns that they have surrounding the issue. As a United States citizen, I want the full protections and benefits of constitutional rights that have been guaranteed to each of us, although, I feel somewhat uneasy at the thought of people walking around openly with guns in their hands or on their hips like cowboys. However, my feelings and the feelings of those that agree or disagree is not what are important. The important thing to consider is what the law requires, specifically the U.S. Constitution and the Florida Constitution.

The 2nd amendment to the United States Constitution declares, “[. . .] the right of the people to keep and bear Arms, shall not be infringed.” Florida’s Constitution, in Section 8 of Article I, states, “[t]he right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.” Exercising it’s police powers, the State of Florida in its own constitution puts a qualifier on the right to bear arms granted in the U.S. Constitution by adding that the State may regulate the manner in which it’s citizens bears arms.
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July 9, 2014

Stand Your Ground Law and Convicted Florida Felons: Can Felons be Immune to Prosecution for Possessing and Firing Guns?

by David M. Goldman

Currently, a controversial question has come about in Florida: Should a convicted felon, who because of his status as a convicted felon has lost the right to legally own or possess a gun, be afforded the chance to claim self-defense and be immune from prosecution if he shoots someone while defending his home? More scenarios exists that create legal justification, but the defense of one’s home is the most recognizable situation that comes to mind for most people. The Florida Supreme Court is currently awaiting legal briefs and oral arguments from attorneys so that the high court can decide if Stand Your Ground applies to convicted felons, each side hoping to sway the court in its favor.

If reasonably justified under the facts relating to a particular situation, the average non-felon Florida citizen will be afforded the benefits and protection of the Stand Your Ground law when forced to use the lethal force of a gun for protection from a home invader, for instance. Depending on the Florida Supreme Court’s ruling on this issue, Florida criminal defense attorneys may have a new tool in the defense of some clients.

There is no requirement to quiver in fear or run away, tail tucked between your legs, when someone attempts to use lethal or deadly force against you in Florida under the state’s Justified Use of Deadly Force statutes. This principle is commonly referred to as Stand Your Ground. Under the proper circumstances, Florida law makes a person immune from criminal and civil liability after lawful self-defense is exercised.
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November 14, 2013

Stand Your Ground Law Still Intact despite a vote to Repeal

by David M. Goldman

This week the Florida the Florida House of Representatives Criminal Justice Subcommittee heard testimony and argument on a bill that wanted to repeal the law self-defense law in Florida called “Stand Your Ground” which allows an individual to defend themselves instead of being forced to retreat when confronted by an attacker and use deadly force when the person believes that their life is in jeopardy.

Although 22 states currently have some form of the stand your ground law, Florida’s Stand Your Ground Law received national attention during the Trayvon Martin case, despite the defense never being asserted by his Zimmerman’s defense counsel. In Florida, Florida Statute 776.032 grants immunity from criminal and civil prosecution to individuals who exercise their right to use force in defense of themselves or others.

Specifically, Florida Statute 776.032 provides that “a person who uses force as permitted in Florida Statutes 776.012, 776.013 or 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force.” This is the statute that has been termed the “Stand Your Ground Law.”
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November 1, 2013

Don’t Let a Day At The Florida-Georgia Game Lead to a Night in Jail on Assault, Battery, Disorderly Conduct charges or worse

by David M. Goldman

Every fall millions of Americans avidly cheer for their favorite College or NFL team and boo their opposition. With the Jacksonville landing hosting Florida-Georgia activities this weekend, we are reminded of last year’s incidents during Florida-Georgia weekend that resulted with one person in the hospital and landed another fan in jail charged with aggravated battery.

Last year’s incident at Florida-Georgia was not uncommon. Back in 2011 a pre-season game of the Raiders and 49ers resulted in two fans being shot and another beaten. Last October a fan was stabbed on the way to a football game betwee49ers versus New York Giants game. Then again during the playoffs in January during the NFC Championship game an Atlanta Falcons fan was stabled in the neck right outside of the Georgia Dome. Back in February three teenagers were stabled when attending the Ravens victory parade. I bet not one of these fans thought they would end up in jail or the hospital that day.

Unfortunately the violence between fans and of fans continues. Just last weekend four fans at the Jets v. Patriots game allowed their team spirit to turn into violence against fans of the opposing team. This led three Patriots fans, and one Jets fan to be charged with simple assault and disorderly conduct. A verbal conflict is alleged to have escalated into a physical altercation when the Patriots fans kicked and punched the Jets fan. The Jets fan in return punched one of the Patriots fans. Most commentators are focusing on whether or not self-defense is a valid legal defense in that case. The Jets’ fan’s attorney stated, “it is clear that Kurt was defending himself, his mother and his friends from an attack.”

August 13, 2012

George Zimmerman Moves for “Stand Your Ground” Hearing

by David M. Goldman

George Zimmerman, the man charged with second-degree murder in the death of Florida teen Trayvon Martin, is going to ask for a “stand your ground” court hearing in an attempt to have the case against him dismissed before ever going to trial. Though the move was expected, the announcement is the first time Zimmerman’s attorney has acknowledged his intention to argue the case on the grounds of the controversial Florida Stand Your Ground law.

Mark O’Mara, Zimmerman’s criminal defense attorney, released a statement confirming the decision earlier today. The hearing likely will not take place for several months but is meant to show that Zimmerman acted in his own self-defense.

Under Florida’s stand your ground law, people involved in violent altercations have no duty to retreat. If a person is in fear of death or great bodily harm, the law says he or she can act in self-defense and is immune from criminal prosecution.