Articles Posted in Assault / Battery

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Over one year later, her license to operate her daycare facility was revoked and her daycare was forced to close.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.

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, near 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. That is when Hicks stabbed the unidentified St. Johns County man. The man had non-life-threatening injuries, but he was still taken to a local Florida Hospital for treatment.

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.”

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.

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.

An aggravated assault charge is nothing more than a simple assault that has gone too far. But what actually constitutes an aggravated assault is not always clear. For instance, a simple assault would just be a fight between two individuals. However, if someone throws an object, even without intent to hit the other, the Sate could charge the defendant with Aggravated Assault.

Florida Statute § 784.021 has defined aggravated assault as “an assault with a deadly weapon without the intent to kill OR with an intent to commit a felony.” Additionally, aggravated assault is a 3rd degree felony punishable by imprisonment not to exceed 5 years and/or a $5000 fine. In contrast, Florida Statute § 784.011 defines assault as “an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well founded fear in such other person that such violence is imminent.” A person found guilty of assault is a 2nd degree misdemeanor punishable by 60 days in jail and/or $500 fine.

There is a thin line between simple assault, a misdemeanor, and aggravated assault, a felony. Even so, a Jacksonville Criminal Defense Lawyer will be able to utilize their knowledge and understanding to work with the State prosecutor and try to get your aggravated assault charge reduced to a simple assault or even dismissed.

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.