Jacksonville Criminal Attorney Blog

Two recent incidents reported by The Florida Times-Union involved domestic violence, a charge that requires consultation with an experienced Jacksonville Criminal Defense Lawyer.

Domestic violence charges in Jacksonville carry with them a difficult stigma that assumes, mainly men, are guilty of committing the crime upon wives and girlfriends. Because of that, law enforcement officers sometimes require little or no evidence before making an arrest. And for many in the public, an arrest is as good as a conviction and people lose jobs, credibility and reputation in the community and other sanctions before even going to trial. That's why fighting the charges and seeking an acquittal or dropped charges is so important.

The newspaper reported recently on two incidents at Jacksonville-area beaches where people were arrested in domestic violence-related cases:

-A 58-year-old man was arrested on Atlantic Beach and charged with domestic battery after allegedly beating a 39-year-old woman on a hotel room.

According to the newspaper, hotel workers had to escort the man out of the resort after a dispute with the woman. Police say the man held the woman's hands to her side and she struggled to get free. After she got loose, he allegedly pushed her to the floor and they continued fighting before police arrived.

The article doesn't say whether any eyewitnesses saw the alleged battery occur or if it was simply the woman's word against the man's.

-In the second incident, Jacksonville Beach residents allegedly witnessed a man shove a woman into the trunk of a vehicle and drive off. Witnesses told police the man allegedly punched the woman before slamming the trunk closed.

When police found the vehicle at the end of a hotel, it was registered to the defendant, who was staying with the woman. When police went to the room where the two were staying, the defendant said he let the woman out of the trunk, at which point she yelled at him and they went back to their room.

In this incident, it's unclear if the woman appeared to suffer from a punch as witnesses said or if the man at the hotel room matched the description of the man witnesses say punched a woman and put her in the trunk of a car.

According to Florida Statute 784.041, which defines felony domestic battery, the crime is committed when a person intentionally strikes a person against their will and causes "great bodily harm, permanent disability or permanent disfigurement."

Great bodily harm can be debated, while disability and disfigurement are more black-and-white terms in the law. If convicted, a person charged with this crime can face up to five years in prison, so the crime shouldn't be taken lightly. There are many non-profit groups dedicated to domestic violence awareness and sometimes, sadly, the allegations are true. But other times, alleged victims make up the crimes as an act of revenge.

That's why sorting out the details of the case and working to disprove the charges in court are important. If you face domestic violence charges in Jacksonville or throughout northeast Florida, consult with an experienced Jacksonville Criminal Defense Attorney, who will fight for your rights.

Continue reading "Domestic Violence Incidents in Jacksonville Require Aggressive Criminal Defense" »

Actor Mel Gibson has entered a plea of no contest to Domestic Battery in California. Gibson will receive a probation sentence with no jail time. He will have to complete a batterer's program while on probation.

If you are arrested for Domestic Battery in Jacksonville and you enter a plea to that charge, there are some minimum penalties under Florida law. The first is you must serve 5 days in jail. This requirement is often waived if it is your first arrest. The other mandatory punishment is 12 months probation to complete the Batterers' Intervention Program. This is a 26 week class. The class consists of mandatory once-a-week sessions, payment of fees, and homework. If you miss too many days or do not complete the homework to the Salvation Army's satisfaction, you can be discharged from the program. If you are thrown out, this will violate your domestic battery probation and you can be arrested.

Another part of domestic battery probation is contact with the victim. If the victim of the domestic battery wants to have contact with you, the court will issue a "no violent contact" order for probation. That means you may see, call, and otherwise contact the victim, but you may not touch them against their will. If the victim claims to be scared of you, the judge can issue a "no contact" order. This means that for the term of your probation, if you contact the victim in ANY way, your probation can be violated.

As criminal defense lawyers in Northeast Florida, we have represented thousands of people charged with battery crimes. The crime of battery is when you intentionally touch someone against their will or intentionally physically harm someone. A battery can be a misdemeanor or a felony, depending on the amount of injury inflicted or the amount of battery convictions on a defendant's record.

University of Florida football player, Gary Brown, was arrested in Gainesville, Florida this week on two counts of simple battery. Simple battery is a first degree misdemeanor punishable for up to one year in jail. Brown allegedly slapped one woman and scratched another.

John Moyer, a man from Pennsylvania, was arrested and convicted on Battery charges that stemmed from him touching Minnie Mouse in Orlando, Florida. Police say Moyer grabbed her breasts and backside. He was sentenced to probation for 6 months to do community service, get a mental evaluation, write an apology letter, and pay a fine.

If you are arrested for battery in Jacksonville, Florida, the maximum sentence you could receive is 1 year in jail. The prosecutor must prove that you intentionally touched someone against their will or intentionally touch someone. It is important to seek the advise of a good Jacksonville Battery Lawyer before entering a plea to any violent charge in Jacksonville.