Assault / Battery

October 24, 2014

13 Year Old Charged as Adult in Shooting Death of Homeless Jacksonville Man

In June, Thomas Trent was found dead in a shopping center parking lot on Jacksonville’s westside. The 54 year homeless man had died from a gunshot wound to the head. Authorities have now accused 13 year old Sharron Townsend of the homicide. Townsend was 12 years old at the time of the shooting, according to Jacksonville.com.

State Attorney Angela Corey has decided that 13 year old Townsend should be charged as an adult in relation to Trent’s second degree murder. Life is the maximum sentence for second degree murder. Section 985.56, Florida Statutes (2014) authorizes state attorneys to charge a child of any age as an adult when a child commits an offense that is punishable by death or life in prison; the child will then be treated as an adult in all respects. In a recent statement, State Attorney Corey expressed her belief that juvenile sanctions were not enough to punish and rehabilitate a child that commits this type of violent crime. Townsend is the second juvenile that Corey has charged as an adult in a murder case. The first was Christian Fernandez, who was accused of killing his 2 year old brother. Fernandez, like Townsend, was 12 years old at the time.

I’ve participated in murder trials and sentencing hearings in Jacksonville as a criminal defense attorney. The devastation to the families on the victim’s side and the defendant’s side is unreal. Dealing with offenses of this magnitude are draining to all involved. Choosing the right attorney to represent you or a loved one in a serious criminal case is an important task that is not to be taken lightly. At the Law Office of David M. Goldman, PLLC, we have experienced criminal defense lawyers with years of experience defending serious felony offenses. If you, or a loved one, are arrested for a violent offense, we can help. Initial consultations are free. Call us today at (904) 685-1200 or on our 24-hour helpline at (904) 302-7629. You can contact me directly via e-mail by clicking here.

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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September 8, 2014

Facebook Posts Lead to Criminal Charges

by David M. Goldman

A criminal defense attorney’s worst enemy is a confession, whether in writing or one that is video taped. As a Jacksonville criminal defense lawyer, I’ve had my share of clients confess to crimes, even after they had been warned and told that they have the right to remain silent. At least these confessions came while they were being interrogated by trained detectives. I am completely baffled by the number of people that use social media to “confess” to criminal offenses by posting statements, and the ultimate confession… posting videos of themselves committing the crimes.

A teenager in Oregon was arrested after he made a Facebook post concerning a crash that occurred while the teen was driving under the influence, according to abcnews.go.com. The teenager posted, “Drivin drunk… classsic 😉 but to whoever’s vehicle i hit i am sorry. :P”. After the messages were sent to the local police station, the teen was arrested for hitting two parked cars, but not for DUI.

Nydailynews.com reported that Facebook also led to a North Carolina mother’s arrest after a video was posted on her son’s Facebook page. The video showed the teen’s mother helping him attempt the “fire challenge“. The forty-one year old mother was arrested for Contributing to the Delinquency of a Minor after her son had to be treated for the burns he received while attempting the challenge.
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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

January 9, 2014

Injunctions For Protection and Technology: How Unintentional and Inadvertent Contact Through Social Media May Land You In Jail.

by David M. Goldman

Through the evolution of technology, people no longer communicate the way that they used to. Where as most business and social interactions used to always take place face to face, in today’s tech world that is no longer the case. Now a substantial amount of social interaction and business interactions are through email or social media sites such as Facebook, twitter, LinkedIn, Instagram etc. Although this has been great in many respects, there have also been many downfalls for clients in the legal system. This has been extremely true for people who have had domestic violence injunctions or restraining orders issued against them.

In years past when an alleged victim took out an injunction for protection in Florida, the prohibited conduct was normally clear. Do not call the victim. Do not go within 500 feet of certain addresses. If you called the person, there was a record of the call, which would mean that you violated the terms of the injunction and would go to jail on a misdemeanor violation of injunction. This is no longer the case. With the inventions of social media sites, violating an Injunction or commonly known as a restraining order has become more complicated and potentially more dangerous for the person who has an injunction against them. As a result, there have been allegations that a person may violate an injunction and not even know it.

Just this week it was reported that a Google+ invite to a former girlfriend landed a man in jail. The police reported alleged that an ex girlfriend had just broken up with the man and obtained a restraining order against him. Shortly after receiving the injunction, the girlfriend discovered an invitation to join one of his Google+ circles. She called the police and they arrested the man for this one act. Upon first look many people would think this is no different than the woman who was arrested for violating an injunction for a “poke” on Facebook. In the Facebook case the evidentiary issue was whether it could be proved that it was actually the woman herself or her involvement that caused the poke or had another person had access to her computer.
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December 26, 2013

River City Marketplace Brawl Could Lead to Numerous Charges

by David M. Goldman

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Photo credit: taliesin from morguefile.com

On Christmas night at river city market place, chaos erupted when teenagers began fighting, jumping on cars and even rushing an off duty police officer. Jacksonville.com reported that hundreds of people became involved and approximately 62 police officers were called in to handle the unruly crowd.

Five people, aged 19 and younger were arrested on misdemeanor charges of “fighting”. “Fighting” is a local crime under Jacksonville Municipal Code Section 614.123 entitled “affray.” The affray ordinance makes it illegal to engage in a fight or mutual combat with another person in a public place. As a result, unless these teenagers hire a good criminal defense attorney who can either persuade the state to drop the charges or allow them to enroll in a pre-trial diversion program, they are beginning their young adult lives convicted of a crime.

Since the investigation is still active, more arrests and charges are possible such as assault and criminal mischief. When a person is charged with assault, they are being accused of unlawfully threatening someone by word or act and having the ability to act on the threat, which is a violation of Florida Statute 784.011. An assault is an intentional threat by word or act to do violence to someone. The person threatening must have an apparent ability to commit the violence, which results in creating a well-founded fear in the other person that violence was imminent. An assault in Florida is a second-degree misdemeanor. This means if you or a loved one are convicted of a simple assault in Florida, you or your loved one will face up to 60 days in jail and/or a $500 fine.
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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.”

October 29, 2012

Georgia-Florida Fight lands one in Jail another in the Hospital

by David M. Goldman

As I entered the Office this morning after a wonderful weekend of my Georgia Bulldawgs’ win. I was shocked to read in the paper about this fight that occurred during the Game on Saturday. This unfortunate event left one fan in jail and the other in the hospital.

According to the sporadic reports, due to the high volume of partying going on, the full details of the fight are unclear. However, what is apparent is 21 year old William Ross Cesery III was taken to the hospital for injuries he sustained during this altercation. What is not apparent is the cause, instigation, and amount of alcohol or other drugs involved that made this incident occur. Furthermore, 20 year old Colby was arrested for AGGRAVATED BATTERY.

Aggravated Battery is defined under Florida Statute § 784.045, which reads “a person commits aggravated battery who, in committing battery: Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement.” Also, it is a second-degree felony. Therefore, Colby could be facing up to 15 years in prison and/or $10,000.

August 20, 2012

What happens in a Florida criminal deposition?

by David M. Goldman

In Florida, anyone accused of committing a felony is permitted to take depositions of the prosecution’s witnesses. On misdemeanor charges the judge has to decide if there is a good reason to allow depositions before they will go forward. The judge can even allow depositions of people not listed as witnesses if it is proven that they have something relevant to say about the charges or the defense.

Depositions are part of the discovery process, which is the process by which the parties in criminal cases gather facts about the case from each other. The deposition itself is like a question and answer session that is being recorded by a court reporter. The defense lawyer can ask pretty much any question that could get to information that would help the defense theory or help impeach the witness and this is a pretty big umbrella.

Depositions are very useful for many reasons; to get the witness’s story on the record so they can’t change it later, to find out more information about the witness, to find holes in the prosecutions case and to let everyone know you are serious about defending the case.

August 1, 2012

Cuba Gooding Jr. Wanted By Police

by David M. Goldman

The famous actor who has won numerous awards and appeared in a multitude of blockbuster hits is currently wanted by the New Orleans Police department. An arrest warrant was issued for Gooding’s arrest following an alleged altercation with a bartender in the early morning hours of Tuesday morning. He is wanted for a misdemeanor battery charge.

In Florida a misdemeanor battery charge could land you in jail for up to a year and/or fines not exceeding $1,000. This could be a harsh penalty for an incident that was induced by too much drinking and a bad judgment call. In this case, Gooding arrived at the bar with a couple of friends around 3 am. Already the timeframe alone would lead one to presume alcohol was involved. Then Gooding got upset when some patrons recognized him and wanted pictures. The bartender (a female) tired to diffuse the situation, but was allegedly shoved out of the way. Another employee called the police and on Gooding’s way out he allegedly pushed the bartender again.

The penalties for a drunken altercation like the situation Cuba Gooding Jr. is in could be severe if not represented by a Jacksonville Criminal Attorney. A Jacksonville Criminal Attorney can evaluate your case, negotiate with the State, and fight for the best possible outcome in your case. So, if you are facing a Florida Criminal Offense call a Jacksonville Criminal Attorney today. That call could prove to be invaluable in your case.