ASSAULT, BATTERY & DOMESTIC VIOLENCE
ASSAULT, BATTERY & DOMESTIC VIOLENCE
Assault
Assault is considered a crime of violence. When words or actions threaten fear of imminent harm towards another through the threat or show of force, assault charges can be filed. If a weapon or firearm is used or brandished, the charge will likely be a felony.
Battery
What begins as a simple disagreement, argument or unfortunate misunderstanding can quickly escalate into something more if one is not careful. When unlawful physical contact enters the equation, you may find yourself facing battery charges. It differs from an assault in that the contact was not necessarily deemed violent in nature. Generally, battery is charged as a misdemeanor in Florida, but extenuating circumstances such a past criminal record, the extent of physical injuries incurred, an elderly, pregnant or law enforcement victim or a law can elevate the charge to a felony. If convicted, you could be subjected to county jail time, state prison, community supervision, fines and mandatory anger management enrollment. Battery on a Law Enforcement Officer (Fireman) While the majority of law enforcement officers honestly and courageously protect the public, there are instances where a law enforcement officer uses this charge to gain control of a legal situation. This is highly disadvantageous to the defendant even more so than usual because many alleged crimes are already prosecuted vigorously in court with the intention of maximum penalties. To now add the element of an attack on a police officer can make matters much worse. Just being accused in such a case may cause jurors and others to make a "guilty" determination in their minds before any evidence has been presented before the Court. Hiring an experienced and knowledgeable attorney to defend you is thus the most crucial move you can make for increasing your chances for a favorable outcome of your case.
Domestic Violence
Being accused of domestic violence is an intensely serious crime in Florida. It is an abusive and violent offense which involves domestic, spousal, marital , elder and child abuse; along with assault and battery. It is never permissible to forcibly touch another human being, unless it is in self defense. Anyone who hits, kicks, stalks, rapes or uses any other type of physical, mental, emotional sexual abuse on a loved one or a family member in order to cause harm can face a domestic violence charge, in addition to many other charges. A person may be sentenced to penalties such as county jail time, state prison (including life imprisonment), community supervision, fines, victim restitution, anger management, batterer's intervention counseling and protective/restraining orders. Any or all of these consequences will likely prevent you from entering your family residence or having contact with your spouse and children.
A conviction can be used against you in a divorce proceeding, affecting your ability to share your children's life. In addition to employment difficulties, it can cause embarrassment with future relationships and your right to possess a firearm can be banned for life.
Unfortunately, there are many occasions when charges are filed for domestic violence that are completely unwarranted. Loud arguments and empty threats can lead to filing charges in retaliation or police officers called to the scene to arrest you, even if your partner does not want to press charges. Once charged, the victims wishes not to prosecute does not always result in a immediate dismissal of the case if the State Attorney believes and has evidence that a crime has been committed.