Florida Criminal Lawyer Blog

In typical South Florida fashion, a 24-year-old has made national headlines after being arrested following a domestic violence incident during which he allegedly threw his own feces at his girlfriend, The Palm Beach Post reports.

While some may snicker, lawmakers have not joked around regarding similar incidents. In fact, in Florida, such a violation can result in a charge of aggravated battery in West Palm Beach, a second-degree felony punishable by up to 15 years in prison.

This is a commonly filed charge when inmates try to throw their own bodily fluids at jail and prison guards. Our West Palm Beach criminal defense lawyers understand how serious a charge this is and while strange circumstances, it must be handled like any other criminal case.

According to Florida Statutes 784.045, aggravated battery is when someone uses a deadly weapon or causes great bodily harm, permanent disability or disfigurement in committing a battery. A battery is intentionally striking another person.

In this case, a 19-year-old woman claims that her boyfriend, five years her senior, threw body waste at her during a recent argument. He was also charged with beating her during the same argument, The Palm Beach Post reports.

The 24-year-old was being held on $26,000 bond after being charged with battery, aggravated battery and criminal mischief. According to police, an officer was sent to the couple's home, where the 19-year-old claimed the battery took place. She said he threw waste at her and also hit her with his hands and a bed board.

The news article doesn't provide any details about what evidence the police have to back up her claims. According to The Miami New Times, the report states that the woman declined medical attention, despite a large abrasion on her chest. She was photographed and provided a statement. The man also had a small abrasion on his let arm.

It's hard to imagine that a person could be beaten and hit with a bed board and not suffer permanent injuries that require medical attention. In this case, the woman claims she was the victim, but the man, too, was injured. Simply being arrested doesn't necessarily mean police got the right person.

This is especially true in domestic violence situations. Often, it comes down to one person's word against another's, with little evidence to sway police either way. Whomever identifies as the victim usually is treated as such by officers, who tend to arrest the other person and consider them the suspect.

This can lead to serious charges as shown in this situation. But regardless of what one witness says, the state must have solid proof before they attempt to put someone in prison for a number of years. Our criminal justice system is based on proof beyond a reasonable doubt and that's what the state must have, regardless of the circumstances and the charge.

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A 79-year-old man is charged with aggravated battery with a deadly weapon in Fort Lauderdale after allegedly shooting a boy, NBC Miami reports.

This is a serious charge levied against an older man. And he, and others like him, must have an experienced Fort Lauderdale Criminal Defense Attorney who will examine all aspects of the case and scrutinize all evidence the state intends to use at trial.

Battery charges in Florida can be charged as a felony and can lead to years or decades in prison, depending on the circumstances. Some people can get confused about the difference between battery and assault. Assault is threatening to do harm to a person, whereas battery is committing the physical abuse. Therefore, battery charges typically carry tougher penalties.

For instance, felony battery is punishable as a third-degree felony under Florida Statutes 784.03. That means a person can spend up to five years in prison, if convicted.

But Florida Statutes 784.045 defines aggravated battery, which is punishable as a second-degree felony and up to 15 years in a state prison. Aggravated battery means committing a battery while using a deadly weapon or intentionally causing disability, great bodily harm or disfigurement.

This particular case is a bit odd because, according to NBC News, the man was agitated at neighborhood boys knocking on his door. Police say boys were playing football in the street when the man came out of his house and fired a gun twice into the ground.

According to the news report, a bullet hit a 12-year-old boy who was outside playing. Police said the man intended to scare off the boys by firing the gun. Witnesses said the man allegedly came out of his house after a football hit the back yard. He was denied bond and was required to spend an extra day in jail before reappearing in court.

Along with base penalties that are laid out under Florida law, prosecutors can sometimes enhance the penalties against the defendant based on the use of a weapon, including a gun, knife, baseball bat and even a vehicle.

In cases of battery, an aggressive Fort Lauderdale Criminal Defense Attorney must examine all the evidence, including eye witness statements, if there are any, the victim's statement and what police officers write up in reports. Sometimes, the statements of witnesses contradict each other and can create doubt in the state's case. In this case, whether the defendant is suffering from dementia or other health issues could also come into play.

There is also physical evidence that must be examined. State crime laboratories may very well be used to examine bullets and other physical evidence at the scene. Scrutinizing their work and questioning whether or not there are matches and physical probabilities that the defendant committed the crime are essential elements to a strong defense.

Perhaps most importantly is attacking whether or not evidence in the case should be used against the defendant. Filing motions to suppress evidence and statements can be crucial in eliminating evidence from trial if it was obtained improperly by police.

Continue reading "Fort Lauderdale Man Charged With Shooting 12-Year-Old In the Stomach" »

In Davie, Florida, a 68-year-old man was arrested and charged with battery after slapping his wife with an open hand and pushing her to the floor.

According to a Davie police complaint, the man became angry when he arrived home and asked his wife for his Viagra medication. She reportedly told him she’d tossed them into the front yard, which sparked his outburst. The wife apparently told police that in 31 years, she’d never seen him that angry.

The man’s bail was set at $10,000 after the wife told the judge she was not afraid of her husband and that she thought he’d learned his lesson. The judge has ordered that the man accused of battery may only have indirect contact with his wife for the time being following his release.

Source: Dispute over Viagra leads to arrest for battery, South Florida Sun Sentinel, June 29, 2010

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On Tuesday night, University of Florida police arrested a man who is suspected of inappropriately touching several female students on campus. Police had warned students Monday night after a woman reported being assaulted near Fine Arts Building C.

According to the victim's account, the man approached her and said there was a large insect on her back. He then started brushing her back and told her the insect had crawled under her shirt and down the back of her pants. The suspect also tried to put his hand down her pants without her consent. Detectives at UR say there may be as many as 30 women who are possible victims of sexual battery.

As of Wednesday morning, Robin Garg, a 22-year-old student at UF, was being held without bond at the Alachua County jail on charges of battery. He was arrested near the Marston Science Library and was caught after trying to run from officers. According to Lt. Robert Wagner, it is likely that Garg will get additional charges.

UF police arrest man who groped woman on campus, Gainesville.com, April 15, 2009

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