As a Jacksonville Criminal Defense Lawyer I have seen many defendants charged with Battery, but that do completely understand what actually constitutes Battery and the difference between Battery and Assault. My hopes are this Jacksonville Criminal Defense Lawyer Blog will clarify the misconception of Battery.
Simple Battery is defined within Florida Statute § 784.03, which states
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.
A Miami-Dade resident and Cuba native was recently shot and killed after an attempted armed robbery on his way to work. The victim, Hector Vichot, 53, was on his way to work when approached by two men. The men demanded his money and when Hector turned to run away he was shot in the back. He was taken to a local Florida Hospital for treatment, but later succumbed to his injuries.
The incident occurred on December 16, just weeks before the Christmas. Hector’s Brother, Pedro, is distraught over the whole incident. He stated, although Victor is not married, he was close with his two children in Miami and one child in Cuba.
This was a tragic incident that resulted in the death of an innocent man. All for what; $1.25! Yes, that was all Victor had at the time of the attempted robbery. The suspects, who remain at large, will likely face attempted armed robbery charges, aggravated battery and assault, and murder. Penalties resulting from these criminal charges are normally severe and carry substantial jail time.
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.
Anyone who has watched crime dramas on TV or heard a Jacksonville Criminal Defense Lawyer speak have heard a multitude of Latin words throughout their discussions, but some are not always completely understood. One such word is “corpus delicti.” Corpus delicti generally means the physical evidence of a crime, (i.e. the dead body in a murder). Recently, the 2nd District court dealt with an issue pertaining to corpus delicti in Reinlein v. State of Florida.
In this case, the Court had to determine whether the trial court erred in allowing the defendant’s post-Miranda testimony regarding his consumption of an illegal substance before the State established the corpus delicti of tampering with physical evidence.
The defendant was witnessed by police officers exchanging something in a high crime area. Because the actual transaction was not witnessed, they put a patrol car on the defendant’s vehicle to follow him; hoping he would commit a traffic violation and initiate a traffic stop. Several blocks from the drug transaction, the defendant was being pulled over when the officer saw the defendant make a motion as if placing an object in his mouth. The defendant exited the vehicle and was arrested. The only evidence the prosecution presented was the post-Miranda statement from the defendant that he purchased drugs and consumed the drugs before being stopped. The State charged the defendant with tampering with physical evidence.
In a recent case, Rozzo v. State of Florida, the 4th District Court heard an appeal from the Circuit Court for the 17th Judicial Circuit in Broward County. The issue presented before the court was whether the consent given by the homeowners after and unlawful warrantless entry and protective sweep of the home was valid and therefore the defendant’s motion to suppress should be denied.
The issue arose after the trial court denied the defendant’s motion to suppress the evidence discovered inside the house following his arrest. In this case, the defendant sold drugs to an undercover officer on the street by his house. The officers arrested the defendant on the street. The officers then moved to the house, owned by the defendant’s parents. The officers proceeded to order the parents to stay outside during the “protective sweep.” Then the officers got a signed Consent form to search the house. The search revealed other drug related items in the defendant’s bedroom.
The U.S. Constitution, 4th Amendment has established a high reasonable expectation of privacy regarding one’s home. Furthermore, Florida Courts have established absent consent or exigent circumstances, police may not enter a home without a warrant. Additionally, Florida Courts have only permitted a “protective sweep” if the officers have reasonable, articulable suspicion to protect the safety of the officers or to prevent the destruction of evidence.
Earlier this week, Tuesday, three uniformed police officers were shot at while conducting an undercover investigation following a recent carjacking in the area. Luckily none of the officers were hurt during the incident, but the vehicle did sustain two gun shot wounds. Later in the week, Jacksonville Police arrested Fred Calvin Childs for the attempted murder of the police officers.
The Jacksonville Police were located at the Forest Park apartment complex shortly after 8 PM on Monday conducting an undercover investigation. During their third trip around the complex someone in a crowd of people opened fire on the officers. Most of the shots missed, but two struck the passenger side of the vehicle. The police left the area and quickly returned to question witnesses. Several people were taken into custody for questioning and later Mr. Childs was arrested after finding a handgun in his apartment.
This case is still in the initial stages and the charges against Mr. Childs are likely to change. When facing a murder charge, the advise and counsel of a Jacksonville Criminal Defense Lawyer will be advantageous to a Jacksonville Criminal Defendant. The legal process is complicated, complex, and not always favorable to unrepresented Jacksonville Criminal Defendants. That is why it is important to contact a Jacksonville Criminal Defense Lawyer if you are facing Criminal charges or already have Criminal charges pending. They will be able discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.
As a Jacksonville Criminal Defense Lawyer I scour the local, national, and world news to stay informed on current Criminal legal issues. Just recently a news article by Foxnews.com sparked my interest. The article titled “Cocaine Bust Lands Curvy Model in Italian Jail,” was a colorfully written article.
The article states a Spanish model attempted to smuggle Cocaine into Italy via prosthetic breasts and buttocks. The model’s plan was to distract the TSA by wearing tight-fitting clothes and her attractiveness would take suspicion away from the real task at hand. However, her “extra-large bosom and derriere” caught the attention of TSA and they investigated. After failing to provide sufficient answers to their questions, they conducted a strip search. The search revealed the model was attempting to smuggle 5.5 pounds of cocaine.
Currently the charges are pending and dependent upon Italian and international law, the charges could be quite severe. This article intrigued my legal mind because it shows the diminished expectation of privacy one holds while traveling through airports. At airports all the authorities need is reasonable suspicion before they can investigate. In contrast, inside one’s own home the expectation of privacy is very high. Police are required to have a warrant before entering your home, absent exigent circumstances.
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.
