Assault / Battery

July 30, 2009

Florida Battery Record: Can I Seal or Expunge My Florida Battery Charge?

As a general rule, you can seal or expunge a Florida criminal record so long as you have not been convicted of a crime. Therefore, if you received a withhold of adjudication, you can seal your record. However, there are certain criminal offenses that cannot be sealed or expunged, even if adjudication is withheld, if you plea guilty or no contest to the charge. These criminal offenses can be found in Florida Statute Section 907.041. For example, you cannot seal or expunge a Florida aggravated battery or Florida domestic battery if you have pled guilty or no contest to such charge. This is the law regardless of whether or not you received a conviction or a withhold of adjudication.

Two questions still remain:

After researching such questions and submitting cases to the Florida Department of Law Enforcement (FDLE) for review, it appears that you cannot have the record sealed if you pled to a lesser or amended offense, but you can if the charges were dropped. However, the Florida Supreme Court has not decided this issue. Therefore, it will be interesting to see what their decision would be on such an issue.

December 16, 2008

Sharon Osbourne Investigated for Battery

by David M. Goldman

Rock of Love Charm School host and rock star wife, Sharon Osbourne, is being investigated for battery. Allegations have been made that she attacked one of the reality show’s contestants, Megan Hauserman. Depending on the results of a police investigation, she could be charged with battery in California.

Under Florida law, Jacksonville battery occurs when a person intends to (1) touch another person against that person’s will or (2) cause bodily harm to another. Jacksonville battery is a first degree misdemeanor, so it is punishable by up to one year in jail. If the battery between Osbourne and Hauserman had occurred in Jacksonville, Osbourne could face jail time.

To learn more about Jacksonville battery, contact a Jacksonville battery attorney or visit www.jacksonvillelawyer.pro.

November 12, 2008

Florida Driver Charged with Four Counts of Aggravated Assault

by David M. Goldman

Barry Gibby and Kelly Brooks, in St. Augustine, Florida, were arrested in connection with theft of case of beer on Veteran’s Day. The arrest was not easy for police. When attempting to stop the vehicle, Mr. Gibby led police on a high-speed chase. During the fleeing, Mr. Gibby attempted to hit three cruisers, but eventually crashed into a ditch. After this, Mr. Gibby tried to run from police. Mr. Gibby faces charges for reckless driving, fleeing and attempting to elude, driving on a suspended license, aggravated assault, resisting an officer without violence, and a violation of probation.

Under Florida Statute Section 784.011, a criminal defendant commits assault if:

The defendant intentionally and unlawfully threatened, by word or act, to do violence to the alleged victim.