Articles Posted in Assault / Battery

This case proceeds from an appeal of the Circuit Court in Lee County, where the court denied the motion for acquittal of the Appellant’s Aggravated Assault on a Law Enforcement Officer. The 2nd District court sitting En Banc, affirmed the decision and writes to clarify the law previously relied upon in State v. Shorette, 404 So.2d 816 (Fla. 2d DCA, 1981).

The facts are simple; the appellant was the driver of a vehicle that was subject to a BOLO by the police. As the officer’s approached the vehicle the passenger was order on the ground at gunpoint. One of the Officers was located approximately 5 to 10 feet behind the vehicle. At this point the reverse light of the vehicle came on and the driver quickly proceeded to reverse in the direction of the Officer. The Officer had to quickly maneuver out of the way to avoid being hit. This action put the Officer in apprehension of his safety.

The appellant’s argument is based upon his lack of intent to cause harm to the victim. He relies on State v. Shorette as grounds for his motion for acquittal. In Shorette, the court ruled the state had to prove that the defendant had the specific intent to do violence to the victims. 404 So.2d at 817. However, this Court has ruled that is a misstatement of the law. Assault is defined in Florida Statutes 784.011 (1) as “an intentional, unlawful threat by… act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”

In Jacksonville, Florida, a simple battery is a misdemeanor charge. It is governed by Florida Statute Section 784.03. A “battery occurs when a person actually and intentionally touches or strikes another person against the will of the other or intentionally causes bodily harm to another person.” If a criminal defendant has one prior conviction for battery commits any second or subsequent battery, this is a felony of the third degree. It is important to note that it does not matter if the Jacksonville battery defendant entered a plea of guilty no nolo contendere (no contest) to the initial battery charge. It makes no difference if adjudication of guilt was withheld or not. The prior battery charge may still be used to aggravate the Jacksonville battery charge and turn a misdemeanor into a felony.

If you have been arrested for a Jacksonville Battery Crime, contact a Jacksonville Criminal Defense Lawyer to discuss your case, determine possible defenses and justifications, and to make sure your rights are being protected.

Today, Keisha Cabell was arrested for Aggravated Battery in Jacksonville, Florida. Police were dispatched to an altercation at Volunters of America Group Home in downtown Jacksonville. Cabell engaged in an argument with William Benner. According to local media and police reports, she argued with Benner and punched him twice. Thereafter, she retrieved a knife and began stabbing him. She is also accused of stabbing Yulanda Lester after Lester tried to take the knife away.

When Cabell initially punched Benner, she committed a simple battery, which is a first-degree misdemeanor. When Cabell used the knife, she committed Jacksonville aggravated battery with a deadly weapon. This is a second-degree felony. Even if Cabell did not use a knife, she could have been charged with felony battery, regardless. It appears that she has prior arrests and at least one conviction for battery. This can result in the Duval County State Attorney Office filing a charge of battery with one or more prior convictions pursuant to Florida Statute Section 784.03(2). This will upgrade a simple battery to a felony Battery in Jacksonville, Florida (See Jacksonville Felony Battery and Misdemeanor Battery Charges).

On July 15, 2010, Nicholas Highsmith, a Clay County resident, was arrested for the battery, rape, robbery, and attempted murder of a woman in Jacksonville Beach, Florida. He was tried this week on all four charges. The jury returned a not guilty verdict as to the rape and attempted murder charges. However, he was found guilty of theft and aggravated battery. While Mr. Highsmith still may be sentenced to Florida State Prison, the outcome of his case should still be considered a victory. If Mr. Highsmith would have been convicted of all the Jacksonville felony charges, he could have been sentenced to Life in prison. He still needs to prepare for a sentencing hearing in order to mitigate his sentence in this Jacksonville Criminal Case.

As a Jacksonville Criminal Attorney, I have seen minor offenses become major crimes due to a change in circumstances. A prime example of this occurred this weekend in August, Georgia (story: News4Jax). The United States Marines were collecting toys for underprivileged children at a local Best Buy store. A man was caught shoplifting a laptop computer. Assuming that the value of the lap top was greater than $300, this shoplifter would be facing a charge of grand theft, if the theft would have occurred in Jacksonville, Florida. However, the crime escalated when the shoplifter tried to escape. He was confronted by a marine when exiting the store. The marine stopped him, and the man stabbed the marine in the back. Now, the shoplifter will not only be facing grand theft charges. In Jacksonville, Florida, he would be charged with aggravated battery with a deadly weapon.