by Criminal Defense in Miami
Police continue to make more arrests for batteries, especially domestic related batteries. In Florida, a first time Battery can carry a punishment of one year in the county jail. A second time battery can carry five to fifteen years in prison. Accordingly, if you are facing a criminal battery charge, it is important to be aware of the three most common defenses to your charge. Florida law permits the criminal attorney at trial to argue the affirmative defense of self defense. Affirmative defenses are known as justification defenses. Consider the situation of two boxers going into a ring to fight. On boxer absolutely clobbers the other boxer. When the fight is over, however, the winning boxer is not arrested. That is because the boxers had consented, or agreed, to the fight. In Florida, the crime of battery requires unwanted harmful or physical contact. Naturally then, if both parties agree to fight, the contact cannot be unwanted.
Battery requires the intent to commit the act. It is a defense to the charge of battery if the act of contact was not intentional. Consider the case of a linebacker crashing into a referee. The referee may end up hurt, but if the linebacker did no accidentally and without intent, then no crime of battery would have been committed.
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Tags: Battery, Criminal Battery, Criminal Defense Lawyer, Defense Lawyer, Domestic Battery, Jonathan, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses, Offensive Physical Content
Posted in Criminal Defense
by Criminal Defense in Miami
Battery is commonly defined as when a person intentionally touches or strikes another person against their will or without their consent. Battery is a punishable crime that is taken very seriously. It is often grouped with assault, which is defined as an intentionally threatening word or action that seeks to physically harm another. However, battery has its own properties and punishments. Battery can simply be someone touching a stranger who did not want to be touched, even if it is without the intention of causing pain. Poking your finger into a stranger’s chest is a form of battery. However, since it is a less severe case of battery the legal damages that can be collected are also lesser. Inappropriate and unwanted touching can also be a form of battery, even if it does not physically injure the person being touched. Battery can also occur when someone projects an object with the intention of hitting someone else with it, all against their will. For example, spitting on a stranger is a form of battery. Aggravated battery is when the person committing the crime intentionally or knowingly causes severe bodily harm, permanent disfigurement, or permanent disability. It can also occur when the batterer uses a deadly weapon. Lastly, a person is committing aggravated battery if their victim was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant
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Tags: Aggravated Battery, Aggressor, Assault, Battery, Defense Lawyer, Federal Crimes, Felony Crimes, Justice, Misdemeanor, Misdemeanor Crimes, Offenses, Punishable Crime, THreatening
Posted in Criminal Defense
by Criminal Defense in Miami
The state of Florida takes a hard line stance on the issue of domestic violence. The laws put in place are well meaning and attempt to punish individuals who recklessly engage in violent acts at home. Unfortunately, domestic violence cases can also be a politically charged issue that is prone to aggressive prosecution and subjective evidence. This means that some of those who have been accused of such crimes may not be getting a fair opportunity to argue their case or refute the false or exaggerated allegations that may have come from an overly emotional spouse. One of the most important things you can do if ever presented with such a scenario is to develop a strong comprehension of the laws governing domestic violence and assault while working with a criminal defense attorney who can make certain that you are taking every precaution necessary in finding a favorable solution. Understanding your rights during this difficult time will make the process much simpler and more straightforward, allowing you to focus on what is important without the worry that you are being taken advantage of by those looking to prosecute. Under Florida law, domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. In this definition, family or household member refers to spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
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Tags: Aggravated Assault, Aggravated Battery, Aggravated Stalking, Assault, Battery, Domestic Assault in Florida, Domestic Violence, False Imprisonment, kidnapping, Sexual Assault, Sexual Battery, Stalking
Posted in Criminal Defense
by Criminal Defense in Miami
Battery is an intentional unpermitted act which causes harm or, it is offensive contact from one person towards another person’s body. People are supposed to have the right to have their body left alone by others, when another person violates this inherent right by touching them or striking them in an unpleasant manner, they can be charged with battery. Battery is one of those crimes that are both a tort and a crime at the same time; the main element being, harmful or offensive physical contact. The main difference between the two is how they are penalized. In a civil liability case, the defendant can be ordered to pay the plaintiff damages, whereas the criminal punishment for criminal battery typically consists of fines, imprisonment or both. In order for the prosecution to convict the defendant it must be proven that an act was committed by the defendant. They also have to prove that the intention of the act was to cause harmful or offensive contact against the victim. Therefore, if the defendant lacked intent and harmed the victim entirely by accident or mistake, the prosecution may not have a case for battery charges. Rude and offensive behavior can lead to battery charges, even if the defendant merely threw a drink in the victim’s face, or if they knocked a hat off their head. These days, any type of offensive behavior can result in criminal penalties. It is not necessary for the victim to have a bruise, or scratch after the altercation. As long as the rude, offensive or unwanted contact took place, it is enough for battery charges to be charged against the individual.
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Tags: Battery, Civil Liability Case, Criminal Battery, Hacking Criminal Penalties, Harm, Harmful, Offensive, Offensive Behavior, Offensive Physical, Offensive Physical Content
Posted in Criminal Defense
by Criminal Defense in Miami
Assault and battery are classified as crimes against a person and are often prosecuted aggressively, even for juvenile offenders. Minors who commit assault or battery, or who already have a criminal history, are statistically more likely to commit these crimes in the future. Therefore the court often pursues aggressive remedial programs for juvenile offenders to discourage them from committing these types of crimes later in life. If you have been accused of assault or battery as a minor, it may be in your best interest to consult with a criminal defense lawyer to begin preparing your defense. Assault is classified as a violent crime and is the act of attempting to inflict physical harm upon another individual. Additionally, if an offender threatens another person with violence, and the victim believes that he or she will be seriously injured, the offender can be charged with assault. It is not necessary for a person to physically hit another to be arrested for assault. Unlike assault, the law requires that the offender make physical contact with the victim in order to be charged with battery. However, the contact does not have to be violent to be considered battery. Any unlawful physical contact that is made with another person without his or her consent can lead to a battery arrest. Battery may include grabbing, hitting, simply touching the victim, or any other unwanted physical contact. A juvenile assault or battery conviction may carry severe penalties, even for a first offense. The crime can range from a misdemeanor offense to a felony offense, depending on the details of the act.
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Tags: Assault, Battery, Defense Lawyer, Federal Crimes, Felony Crimes, Felony Offenses, Justice, Misdemeanor, Misdemeanor Crimes, Misdemeanor Offenses, Offenses, Violent Crime
Posted in Criminal Defense
by Criminal Defense in Miami
While some criminal charges may appear as non threatening to your life and to your future, the criminal charges of assault and battery are dangerous and can negatively affect your entire life. A reason in particular that makes these charges so daunting is that they are usually both charged upon a person at the same time. When a person faces charges for battery, they are almost always going to be charged with assault as well. Adversely, a person facing assault charges may not necessarily have battery charges coming their way. In spite of being some of the most confusing criminal charges, assault and battery are two separate charges that a person should try to avoid and defend against aggressively if they have already been charged. In most cases, assault is the lesser of the both criminal charges. Assault is a charge that is filed against a defendant when they have been accused of threatening to commit a crime of violence upon another with the ability to follow through with the threat. Whether the person actually followed through with the act of violence or just threatened to do so, they can face serious misdemeanor or felony charges. In cases of aggravated assault, or an assault case in which a deadly weapon is used to threaten, a person may face felony charges with long term punishments and hefty fines.
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Tags: Assault and Battery Charges, Battery, Criminal Defense Lawyer, Defense Lawyer, Federal Crimes, Felony Crimes, Jonathan, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses
Posted in Criminal Defense
by Criminal Defense in Miami
There are few classifications of criminal offense, infractions, misdemeanors And felonies. Out of all these, felonies are the most serious. Criminal charges that are felony related: battery, aggravated assault, burglary, arson, drug related criminal offenses, domestic violence, fraud, dui, manslaughter, kidnapping, rape, murder, vandalism, theft and robbery. A person convicted in court of a felony becomes labeled a felon. Felonies have numerous distinctions in comparison to misdemeanors, ranging from length of penalty to statute of limits. The majority of states and the federal government categorize felonies as criminal offenses that carry a minimum sentence of beyond one year. Additionally, a felony could be punishable by death in the circumstances of the most significant criminal offenses like murder.Normally, felonies are divided according to what is threatened: individuals or property. The offer or act of directing violence with the purpose of hurting them at an individual. Assault is an overt act that makes the victim feel scared. The truth is that the victim never has to be harmed in order for an assault charge to be presses. All that needs to happen is that the individual who is being threatened needs to feel that he or she is in danger. There needs to also be a potential for perceived assault or harm. An assault becomes a felony when a person attempts to cause major injury to another or a lethal tool is used as part of the assault. Battery is defined as the use of force from yet another person producing damaging and illegal contact. Battery is different than assault because with assault, contact is not needed. Whether or not a drug criminal offense is categorized as a felony, depends on the amount of the drugs an individual has and exactly what they intend to do with it. Furthermore, possession of even more powerful drugs, like cocaine, may result in a felony charges, even if it’s a small quantity. Possession is not regulated to exactly what is discovered on the individual. It can feature exactly what’s uncovered in a location that the person owns, such as their home. Individuals can be charged with drug trafficking when large amounts of uncontrolled substances are found on their person, property or motor vehicle, as it can be assumed that just by the possession of the large amounts of drugs, that, they intend to distribute them.
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Tags: Aggravated Assault, arson, Battery, Charges, Criminal Charges, Felonies, Infractions, Laws, Misdemeanor
Posted in Criminal Defense
by Criminal Defense in Miami
Domestic violence shall be treated as a criminal act rather than a private matter. The states have a public interest in protecting the victims of domestic violence, and therefore, has made certain that law enforcement take every precaution necessary in these situations, leaving the alleged offender in a tough predicament no matter what actually may have happened. Considering this pro prosecution mentality, developing a strong understanding of the laws that govern domestic violence accusations, along with the process that you will have to go through, should help you in making sure everything goes as smoothly as possible, giving you a better chance at getting the charges reduced, or possibly dismissed. Domestic violence is defined as any offense against a family or household member and can include assault, aggravated assault, battery, aggravated battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Domestic battery in particular is defined as actually or intentionally touching or striking another person against the will of the other, or intentionally causing harm.
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Tags: Aggravated Assault, Aggravated Battery, Assault, Battery, Criminal Act, False Imprisonment, kidnapping, Sexual Assault, Stalking, Violence
Posted in Criminal Defense
by Criminal Defense in Miami
The act of battery/domestic violence should never be allowed to happen, especially when it is against a spouse or family member. No matter how much someone annoys you or angers you, it should never reach that level. Unfortunately, this type of crime is an unending fact of life that occurs across all income levels, all races and all sociological base groups. Domestic violence is in fact so rampant that many states have introduced tougher laws concerning this crime and the police in a lot of jurisdictions can make the call themselves as to who gets charged with it. When they passed the latest version of the domestic violence laws, the state legislature made it a point to include a very explicit statement concerning the role of the court in cases of battery/domestic violence.
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Tags: Battery, Criminal Defense Lawyer, Defense Lawyer, Domestic Battery, Federal Crimes, Felony Crimes, Jonathan, Jonathan Blecher, Justice, Miami, Miami Criminal Defense Lawyer, Misdemeanor, Misdemeanor Crimes, Offenses
Posted in Criminal Defense
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