Jacksonville Criminal Attorney Blog

According to the Carrollwood Patch, over 35 calls for the crimes of car burglaries, battery, and theft were reported to the Hillsborough County Sheriff’s Office in Carrollwood, Northdale and Lake Magdalene for the period of April 17-22 alone. Many times, when people see these reports, they assume crimes have occurred. However, not all crimes reported are crimes committed.

When someone is either angry, scared, or confused as to the situation one might be in, society has prompted them to call the police and report that a crime has occurred. However, some overreact; others caused the crime themselves and are reporting someone else. However, not all situations are crimes; nevertheless, the police may make an arrest just in case the story of the crime is in fact true. If one has been arrested for similar crimes, one should be aware of one’s many defenses to these crimes, and what to do when one has simply been falsely accused.

Many times in car burglary situations in Jacksonville, the alleged burglar was simply the owner of a similar car, who thinks they have either been locked out of their car, have entered into an identical car that is unlocked, or have joint ownership in the car. Other times, medical conditions might come into play with some accused parties’ reasoning for the alleged burglary. Some of Jacksonville’s elderly citizens have wrecked stolen cars, unfortunately overcome by the ailments of dementia and Alzheimer’s, and simply are out of reach of their caregiver.

Battery charges are often reported to police for legitimate reasons, such as being beaten up by another person or group. However, not all battery charges are legitimate. Battery, particularly domestic battery, is a common charge that is the result of false claims by either a child, an estranged spouse, or other family member that has a grudge against the accused. Other times, battery claims are used to obtain custody of children during divorce proceedings.

When car burglary crimes, also known as "car hopping" are reported, many times, cash or other items are reported stolen. However, when the accused’s fingerprints are missing from the vehicle or the area in which the items were stolen, the amount of proof needed to convict one of the crime becomes difficult to muster. Many times, when co-ownership of a vehicle is involved, someone might remove an item from the car, either because of anger towards the other person, or other reasons. This is commonly seen in cases where someone will remove the stereo from a co-owned vehicle while the other person is away, and then accuse the other co-owner of stealing the stereo.

While the physical evidence may be present, the prosecution will need to prove the intent of the individual accused of any theft. This may prove to be more difficult for the prosecution to prove if one obtains an experienced Jacksonville burglary and theft crimes defense attorney to fight the case.

Continue reading "Increased Number of Florida Car Burglary, Battery, and Theft Crimes" »

Nineteen year old Timothy Quinlan, a registered sexual offender, has been charged with lewd and lascivious battery and exhibition after allegedly attempting to have sex with a minor in Bradenton. Quinlan allegedly met the victim at a yard sale and had dinner at the victim's home that night. Quinlan, admitted to police that he exposed himself to the victim. Quinlan also said he told a witness he "tried to have intercourse with the victim”. Since 2010, Quinlan has been registered as a juvenile sexual offender with the Florida Department of Law Enforcement for lewd and lascivious molestation of a child younger than 12. In this case, Quinlan is charged with two counts of lewd and lascivious battery and one count of lewd and lascivious exhibition with a victim between 12 and 15 years old.

Lewd or Lascivious Battery, which is more commonly known as statutory rape, criminalizes consensual sexual intercourse with a child older than 12, but younger than 16. Lewd and Lascivious is important to the nature of the charge and is defined as a wicked, lustful, unchaste, licentious, or sensual intent on the part of the person doing an act.

If this is one’s first charge of Lewd and Lascivious Battery in Jacksonville, one may be exposed to a minimum seven and one-half year prison sentence and may also be exposed to up a fifteen year maximum prison sentence.

Lewd or lascivious exhibition is slightly different from Lewd or Lascivious Battery because of the essential element of touching. In order to be charged with Lewd or Lascivious exhibition, one must commit one of the following sexual acts in the presence of a child younger than 16 without actually touching the child:

- The simulation of any act involving sexual activity
- Intentional exposure of the genitals in a lewd or lascivious manner
- Intentional masturbation;
- Sexual bestiality;
- Sadomasochistic abuse,
- Intentional commission of any other sexual act not involving actual physical or sexual contact with the victim

If one is over the age of 18 when charged with Lewd or Lascivious Exhibition, one is exposed to a second degree felony; however, if one is under the age of 18, one is exposed to a third degree felony.

Under certain circumstances, the court can deviate from the minimum prison sentence required under Florida's sentencing guidelines if it can be shown:

- One will be sentenced as a youthful offender before one’s 21st birthday,
- One needs specialized treatment for a mental disorder (unrelated to substance abuse or addiction) and is willing to comply with that treatment, OR
- The alleged victim was an initiator, willing participant, aggressor, or provoker of the incident

Those charged with sexual battery charges are required to register with the Florida sex offender registry. This can be damaging to many of Jacksonville’s citizens’ careers, particularly for those juveniles charged with such crimes. Many of these charges are the result of two love-struck teenagers who were caught by their parents and reported to police. Then, typically the male would be charged and placed on the sex offender registry, severely hindering these first and possibly only-time offender’s future of a decent career.

To combat this problem, In 2007, the Florida legislature enacted the "Romeo and Juliet" law. This law allows those previously convicted of a Lewd or Lascivious offense or Sexual Battery to petition the court for removal from the sex offender registry, assuming they meet a strict set of eligibility requirements. the ultimate decision of whether one’s case meets these requirements is up to the individual judge. This law requires specific facts in one’s case that:

- One engaged in a consensual sexual encounter with a 14, 15, 16, or 17 year old minor;
- One was no more than 4 years older than the alleged victim at the time of the sexual encounter
- One was subsequently convicted of sexual battery or other Lewd or Lascivious Offenses
- One was required to register as a sexual offender (or predator) solely because of the conviction, AND
- One does not have any other convictions for a Lewd or Lascivious Offense, Sexual Battery, or Lewd or Lascivious Exhibition using a Computer.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Continue reading "Florida Repeat Teen Offender Tries For Child – Gets Battery and Exhibition Charges" »

Charles Hansen of Lake Worth, Florida has been charged with aggravated battery for dipping his girlfriend into the hot coals of a fire pit. The couple of six months were drinking and barbecuing some food when an argument broke out. Hansen allegedly grabbed the woman and pushed her into the fire pit, holding her down for at least a minute. The woman suffered minor bruises.

Florida Aggravated Battery is a second-degree felony under Florida Statute § 784.041(1). One is charged with aggravated battery when one is accused of an actual violent act causing great bodily harm, permanent disability or disfigurement. Florida's Aggravated Battery law may also be charged depending on whether a deadly weapon is used. Normally, in charging someone with an aggravated charge of this nature, any injury that causes a scar (anything requiring stitches) may meet the requirements of permanent disfigurement.

Each Jacksonville aggravated battery case is unique and will use the facts and background information of the case to prove that the prosecution does not have a case that proves the defendant guilty beyond a reasonable doubt. The strong legal representation provided by veteran aggravated battery lawyers could be the difference between a defendant’s freedom and severe penalties.

A knowledgeable and experienced aggravated battery defense attorney will use every possible defense and mitigating factor in an attempt to show the court that one’s case is worthy of either a reduction or dropping of the charges entirely. In assault and battery cases, particularly of an aggravated nature, there are many important factors showing that the invalidity of the charge as applied to one’s case, including:

- Proving the alleged victim did not really suffer from serious harm or injury
- Showing one did not have the intention of using a deadly weapon and proving the weapon that was used was not in fact a deadly weapon
- Distinguishing whether one’s acts were in response to attacks, threats or other harmful conduct by the alleged victim

An experienced aggravated battery defense lawyer would be able to see in this case directly from the police report that the victim only suffered minor bruising, which does not require stitches or leaves a permanent mark. Minor bruising is not indicative of great bodily harm or permanent disability or disfigurement. Many bar fights end in busted lips and noses that require stitching, and those involved normally only face a misdemeanor battery charge, even before possibly contemplating a plea deal for a lesser charge. This might be a case of overcharging a criminal defendant, a common problem in the legal system.

There are a few defenses to a Florida aggravated battery charge, including consent and self-defense. One of the required elements of a battery is that the contact be un-consensual; if there is consent to the contact, then the element is not met and the charge will not stand. One might also argue mutual combat to a jury as a sub-category of the defense of consent, in situations involving fights at parties or bars, logically showing neither person should be able to complain of the “un-consensual” contact.

Self-defense, also known as the justified use of force, is a defense to the crime of battery so long as one used non-deadly force because one reasonably believed that the non-deadly force was necessary to defend oneself or another against another person’s imminent use of unlawful force. There is no duty to retreat.

Repeat offenders should remember that one who has previously been convicted of three or more violent felonies or attempts at violent felonies may be classified as a "three time violent offender" or "violent career criminal" and may receive a mandatory minimum term of imprisonment. Violent career criminals may be facing a 10 year prison sentence for a third degree felony, and 30 years for a second degree felony.

Many times, the State Attorney’s Office will see aggravated battery cases like this as an easy every-day case to walk through and be done with, and will charge it as such. Remember, one has crucially important rights that should be protected. An experienced Jacksonville aggravated battery crimes attorney can and will protect those rights.

Continue reading "Florida Man Accused Of Holding Girlfriend’s Face In Fire" »

Former 49ers and Raiders offensive lineman Kwame Harris has been charged and has pled not guilty to one count each of domestic violence and assault causing great bodily injury and could face up to nine years in prison if convicted. Harris was accused of beating up an ex-boyfriend in the parking lot of a Menlo Park restaurant after an argument sparked by soy sauce. The 30-year-old former NFL player is claiming self-defense.

"Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

When law enforcement officers are called on in response to a domestic violence assault or battery claim in Jacksonville, and the officer has probable cause to believe that two or more persons have committed a misdemeanor or felony, or if two or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Under Florida law, arresting the primary aggressor is the preferred response, and arresting a person who acts in a reasonable manner to protect or defend oneself or another family or household member from domestic violence is not the preferred response.

The "primary aggressor" will be going to jail and will be held until First Appearance. Many times one party will lie or embellish the story in order to have the other party arrested. Other times, one party will leave out the fact that they hit the other party first. Other times, police will assume that because the assumed victim has more bruises, that they are not the primary aggressor. Many forget bruising is subjective, leaving many to think that the harm caused was much more severe than in actuality. As result, the wrong person is determined as the "primary aggressor" and charged with domestic violence assault or domestic violence battery.

In this case, Harris’ attorney claims Geier punched Harris first, but because Geier’s injuries were worse, prosecutors elected to charge Harris over the violence, leaving Geier with no charges for the fight. Many times, this very situation is seen in the courtroom and in law offices all over Jacksonville.

The method for determining who the primary aggressor is in a domestic violence case has many holes in it. For example, a male and female have an argument in the house that they occupy together. The female throws three punches that the male does not respond to. Eventually the male retaliates, by yelling, and slamming the door in the female’s face, which bludgeons the female’s head, causing major injury. The male has taken the punches, but exhibits no major outward injury. The police arrive 15-20 minutes later to a busted, bloody door and bloody-faced female. Who was the actual primary aggressor? In the eyes of the police, probably the male, who will be arrested and will sit in jail until First Appearance.

Remember, even though domestic violence cases are often the result of false accusations by angry partners, one should obtain an experienced attorney to protect one’s rights and help one follow the right path in one’s case. Without an attorney, one might waive a worthy defense and plead guilty, thinking cooperation will be rewarded. However, one’s reward will often be mandatory jail time and anger management counseling, and permanent criminal record that cannot be sealed or expunged.

One in a situation like this should immediately obtain an experienced Jacksonville aggravated assault crimes defense attorney to fight for one’s case and ensure one’s rights and defenses are known and protected. One should not waste time when the solution to one’s predicament is out there waiting.

Continue reading "Former NFL 49ers Player Pleads Not Guilty By Self-Defense To Soy-Sauce Beating " »

Caleb Grotberg of Portland Oregon is accused of using his dreadlocks to choke his girlfriend in a domestic violence attack. She told officers that Grotberg attacked her during the night and gave police a detailed description that helped police find Grotberg in the neighborhood where the incident occurred and arrest him. Grotberg was charged with assault, kidnapping, attempted assault, menacing and strangulation; all are domestic violence felony crimes.

Being arrested for domestic battery by strangulation in Jacksonville is a serious felony criminal offense with serious penalties including prison time. Under Florida’s Domestic Battery by Strangulation Statute, § 784.041, the State must prove the following beyond a reasonable doubt:

- The defendant intentionally and knowingly impeded the normal breathing and circulation of the blood of the victim against her will by applying pressure on the throat or neck of the alleged victim or by blocking the nose or mouth of the victim.
- By doing so, the defendant created a risk of great bodily harm to the victim; and
- The defendant was in a domestic relationship with the alleged victim under either of the following circumstances:
o in a dating relationship with the victim, which means a continuing and significant romantic or intimate relationship; or
o a family or household member of the victim.

In many cases, when law enforcement are called out on an emergency call for a domestic battery allegation, one of the parties involved is going to be arrested. In fact, many times, one of the first things the responding officer says to the accused when arriving at the scene is that "someone is going to jail." Law enforcement are trained to ensure the safety of any potential victim, and as such, make arrests for domestic battery even in cases in which they have a difficult time determining the "primary aggressor."

Many of these cases involve no visible signs of injury. Domestic battery can involving any offensive touching, including throwing an object in a manner unlikely to cause any physical harm. Even a push or shove can result in an arrest for domestic battery. Because of this, approximately 30 states have passed domestic battery laws that do not require signs of physical injury, most of them praised for bringing some of the worst domestic violence offenders to justice. Considering that many of these strangulation laws do not require signs of physical injury for a conviction, some are worried that the State may be allowed to excessively prosecute.

Furthermore, if one is found guilty of a domestic violence offense, one’s arrest record will be permanent. A Domestic Violence charge cannot be sealed or expunged. This means anyone can look up one’s record and see the domestic violence conviction. This is very detrimental to those trying to obtain a job, as many employers automatically assume that the person is violent regardless of the facts.

One in a situation like this should immediately obtain an experienced Jacksonville domestic violence defense attorney to fight for one’s case and ensure one’s rights and defenses are known and protected. One should not waste time when the solution to one’s predicament is out there waiting.

Continue reading "Oregon Man Accused Of Strangling Girlfriend With Dreadlocks" »

An arrest warrant has been issued for Franklin Barazarte, a TV host in the Dominican Republic who doused magician guest Wayne Houchin’s head in flammable cologne which caused him to catch fire, leaving first-and second-degree burns on the magician's face and hands.

The incident took place on Approach the Stars, as Barazarte told Houchin and other magicians appearing on the episode that he wanted to bless them. He then rubbed Houchin's head with Agua de Florida -- a flammable fragrance used in Santeria, causing his head to become engulfed in flames.

Many times, people make mistakes like playing what they feel are practical jokes that actually have negative consequences for all involved. If one has been arrested for Assault, Battery, Aggravated Assault, or Aggravated Battery, one may be facing serious criminal charges with substantial penalties and possible jail time if convicted.

Many Jacksonville simple assault and battery charges are the result of fights that got out of hand. Just because one was the person arrested does not necessarily mean that one caused the incident. All the arrest means is that the other person called the police, or law enforcement simply decided to arrest all parties and sort it out later. Many times however, the charge may be aggravated or escalated as well.

Under Florida Statute §784.045, An Aggravated Battery is a second degree felony, exposing one to a maximum penalty of 15 years in jail and a $10,000 fine. A Battery becomes an Aggravated Battery if during the battery, one intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon. Also, a person commits aggravated battery if the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant."

The law enforcement for each individual county throughout the State of Florida, particularly Duval and the surrounding area, spend an extreme amount of money on extradition cases. When possible, the courts prefer to allow the individual to voluntarily return to Florida and avoid the expense of extradition. Fighting the extradition is particularly important in violation of probation cases.

More likely than not, if one is being sought after by police on a fugitive warrant, one will eventually be arrested. While awaiting extradition, one will be required to sit in jail. However, an experienced Jacksonville warrants/extradition defense attorney can petition the court to temporarily withdraw the warrant so that one can be released from jail in the other state, and then voluntarily drive oneself to Florida to surrender directly to the court to resolve the case.

If one does nothing, one may be arrested when one least expects it, as a police officer will arrest one if he or she discovers the Jacksonville Arrest Warrant. If one is in a similar situation, one should obtain an experienced attorney to have the warrant or capias recalled and if the warrant is invalid, be able to show that warrant’s invalidity.

Continue reading "TV Host Wanted By Police For Setting Magician’s Hair On Fire" »

Jacksonville’s citizens can sometimes be very dramatic and sometimes very violent when they are dramatic. For many, violence against friends and family members will bring about the consequence of a criminal case being brought against them. If one has been in a similar situation, one should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, Jacksonville Police sent SWAT units to a West Beaver Street residence. The SWAT responded to this domestic violence call because, according to Spokesman Shannon Hartley, a man involved had a gun. The complainant later said that she heard gunshots, but was not sure if they came from the man. The man was still in the home, and police blocked off and the home and the surrounding streets.

Jacksonville assault crimes typically involve an action on the part of the accused that is unreasonable given the circumstances, but acceptable in the mind of the accused at the time. Unfortunately for the accused, in such instances, the legal system does not agree. However, the mental state of the accused is an avenue that can be used to either lessen one’s amount of time one would serve, or not serve any time at all.

Many times in Jacksonville, people are victimized in the relationships that participate in, and retaliate with force to make the victimization stop. Unfortunately for many accused individuals within the legal system, the reality of home life is more than one could take and because one reacted in the manner in which they thought adequately protected themselves from harm, the consequence one faces is an even worse harm than the harm one was trying to escape from.

Many times in family related crimes such as a domestic battery charge or, in this case, multiple aggravated assault charges, the accused is caught in a battle of words, as typically there is not enough evidence to show who started the altercation and how the altercation finished, as many of these crimes, like in this case, happen in private homes. This lack of sure truth about the events of criminal act many times will subject the accused to an even tougher and sometimes longer time in the legal system.

For many accused of an assault crime such as this, the accused has had a problem in the past with controlling their anger. For many, anger control can be fixed with the right amount of therapy and counseling. Many times, counseling may be the best avenue of relief for someone in a situation like this.

When one is up against the wall in legal battles attempting to salvage what freedom one has left, one should not waste time thinking about the possible outcomes. One in a situation like this should immediately obtain an experienced Jacksonville aggravated assault crimes defense attorney to fight for one’s case and ensure one’s rights and defenses are known and protected. One should not waste time when the solution to one’s predicament is out there waiting.

Continue reading "Jacksonville SWAT Dispatched On Domestic Battery Call" »

Jacksonville’s citizens have many problems in their lives that bog them down, depress them and cause them to sometimes go insane. Unfortunately, actions typically occur during that period of insanity that might be subject to criminal prosecution. If one has been in a situation like this and believes they were not in the right mental state, one should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to Latinos Post, Giovanni Martinez of Naples has been charged with three counts of felony battery and a DUI charge. Martinez’s charges stem from a DUI arrest and subsequent transfer to a hospital, where he attacked and bit a nurse, spit blood, threatened to eat people’s faces, and threatened to sexually batter the nurses’ wives. Giovanni’s threats stem from the famous Miami Zombie incident of Miami.

Jacksonville DUI cases normally involve a person who has had either a little bit too much to drink, someone calling the police, reporting a license plate number of an erratic driver, or someone crashing. However, as simple as the cause may be, the consequences of the crime can be tremendous such as:

- License suspension/revocation
- DUI school enrollment
- Up to 6 months in jail
- Vehicle tow and impoundment
- Ignition interlock installation and monthly access fees
- Expensive court fines and fees

However, the consequences of one’s crime may increase when alcohol is mixed with some sort of anger, rage or mind-altering emotion or state that would make one unaware of the consequences of one’s actions, either permanent or temporary. Particularly when the accused’s state of mind is not rational, the accused may think their actions are justified. Unfortunately, this state does lead to serious harm and death if the individual cannot cope with the situation.

Under Florida Statute 775.027, the defense of insanity allows the accused to show the court that, at the time the crime was said to occur, the accused was suffering a mental infirmity that caused the accused to not know the consequences of one’s actions and that one’s actions were wrong.

A perfectly normal person of a reasonable mind may still have tendencies toward insanity, particularly when a traumatic event such as a close death or a car accident occurs. No matter what the particular circumstance surrounding the event is, if the person is truly insane during the period of the crime, that person will have to show that something caused this mental infirmity and that the infirmity caused them to be unaware of their actions.

Many times, people go through with actions that they would not normally ever think of doing because of altered states of mental acuity. When alcohol is involved, these actions are multiplied. When this happens, things said, acts done, and effects rendered can leave the accused in what seems like a very rough position. However, if one obtains an experienced Jacksonville DUI crimes defense attorney to fight for one’s case, one can ensure one’s rights will be known and protected.

Continue reading "Florida DUI Turns Into Zombie Attack In Naples" »

Jacksonville’s citizens sometimes turn angry thoughts into actions. For many, angry words or actions will lead to criminal charges. However, a criminal charge does not mean that one is guilty or that one need be seriously punished. If one is in a similar situation, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to ESPN’s David Newton, NASCAR driver Kurt Busch, currently on probation with NASCAR for his altercation with fellow NASCAR driver Ryan Newman during the Sprint Cup race is facing more charges after threatening a Sports News reporter at the Nationwide Series race. Busch threatened to assault a reporter, remarking that both the language used and action threatened violated his probation rendered by NASCAR.

Jacksonville assault crimes can complicate anyone’s life, but complications increase dramatically when the charge is preceded by a criminal record or an outstanding probation. Like Busch, when prior misconduct is the same or a similar offense, the perception is that one has not and will not learn the easy way to fix the bad conduct. However, if one can show a willingness to change, probation may be possible.

Probation requirements can broadly range in type, though there are many standard requirements placed upon those in the system, including:

- Paying for Supervision costs
- Some jail-time as a condition of probation
- Being prohibited from violating any law
- Submitting to drug testing and treatment
- Letters of apology
- Being Prohibited from leaving the state
- Reporting to a probation officer
- Community service hours
- Being Prohibited from alcohol consumption
- Obtaining a job
- Mental health evaluations
- Restitution payments to victims

These are just some of the standard requirements for probation. The Judge who will decide what terms are to be included in the probation sentence can impose some of their own particular personalized terms to be added to the final sentence. Judges have flexibility in setting the terms to the punishment and even personalizing the terms to either help or hinder the individual.

Many times, a simple showing of remorse, a recognition of one’s actions and the consequences of those actions, or attempting to compensate those wronged and change may shift the odds in one’s favor for obtaining a reasonable probation sentence.

Even if one is remorseful for a crime, a prior record or history of criminal misconduct might tempt a Judge to render a prison sentence. However, with the help of an experienced Jacksonville assault crimes defense attorney, could persuade the Judge to render a much lighter punishment that would involve counseling, house arrest or a slightly longer probation, rather than just incarceration.

Continue reading "Kurt Busch Faces Possible Disciplinary Action For Threatening Reporter" »

Jacksonville’s citizens can sometimes be very dramatic and sometimes be very violent while being dramatic. For many, violence against friends and family members will bring about the consequence of a criminal case being brought against them. When coupled with a existing probationary sentence, simple can become complicated. One in a situation like this should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to Florida Today, Floyd James Johnson Jr. of Melbourne was arrested for felony battery-domestic violence, felony battery by strangulation-domestic violence, and violating his probation. Johnson Jr.’s arrest came after a verbal argument at the home of the victim turned violent. Johnson Jr. was previously on supervised probation for harboring Christopher Eddy, who shot a Florida Fish and Wildlife Officer in 2009.

Jacksonville assault crimes typically involve someone who has had a problem in the past with controlling their anger. For many, anger control can be fixed with the right amount of therapy and counseling. Many times, counseling may be the best avenue of relief for someone in a situation like this.

When the accused is arrested for a crime of this nature, the accused will most likely be asked a slew of questions that will prove or disprove the accused’s intent to harm the victim, as well as the mental-state the accused was in at the time the crime was committed. Many times, the answers given might help show that counseling or anger management via probation might better help the problem, as opposed to a jail-cell where anger will only continue to build.

Probation requirements can broadly range in type, though there are many standard requirements placed upon those in the system, including:

- Reporting to a probation officer
- Community service hours
- Being Prohibited from alcohol consumption
- Restitution payments to victims
- Submitting to drug testing and treatment
- Letters of apology
- Obtaining a job
- Mental health evaluations
- Paying for Supervision costs
- Some jail-time as a condition of probation
- Being prohibited from violating any law
- Being Prohibited from leaving the state

These are just some of the standard requirements for probation. The Judge who will decide what terms are to be included in the probation sentence can impose some of their own particular personalized terms to be added to the final sentence. Judges have flexibility in setting the terms to the punishment and even personalizing the terms to either help or hinder the individual.

One problem that Johnson Jr. might face as a defendant is his criminal record. This incident marks a new set of violent crime charges that violated a probationary sentence for a previous felony. The Judge who initially presided over Johnson Jr.’s case will most likely see this type of violation as a message that Johnson Jr. is unwilling to change. However, with the help of an experienced Jacksonville assault crimes defense attorney, Johnson Jr. could persuade the Judge to render a much lighter punishment that would involve counseling, house arrest or a slightly longer probation, rather than just incarceration.

Continue reading "Florida Man On Probation For Harboring Murderer Arrested For Domestic Violence" »

Jacksonville’s citizens can sometimes be very dramatic and sometimes very violent when they are dramatic. For many, violence against friends and family members will bring about the consequence of a criminal case being brought against them. If one has been in a similar situation, one should obtain an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Florida Times-Union, Rico Gray, husband to the recently convicted Marissa Alexander, has spoken to the media about the events surrounding the shooting Alexander was accused of. The shooting, according to Gray, occurred after Gray and Alexander began fighting. Alexander then allegedly grabbed a gun, loaded it, and fired at Gray and the couple’s two children. Alexander has been sentenced to twenty years in prison.

Jacksonville assault crimes typically involve an action on the part of the accused that is unreasonable given the circumstances, but acceptable in the mind of the accused at the time. Unfortunately for the accused, in such instances, the legal system does not agree. However, the mental state of the accused is an avenue that can be used to either lessen one’s amount of time one would serve, or not serve any time at all.

Many times in Jacksonville, people are victimized in the relationships that participate in, and retaliate with force to make the victimization stop. Unfortunately for many accused individuals within the legal system, the reality of home life is more than one could take and because one reacted in the manner in which they thought adequately protected themselves from harm, the consequence one faces is an even worse harm than the harm one was trying to escape from.

In this case, Alexander was denied immunity under Florida’s “Stand Your Ground” Law, which allows someone to use deadly force if they fear that imminent harm is upon them. In this case, Alexander claimed that Gray was being violent towards her; Gray refuted that he merely held his arms up to “buy time” so that he and his children could leave the home. This telling is one timeline of the events, although there is no evidence that the man’s statements were entirely accurate.

Many times in family related crimes such as a domestic battery charge or, in this case, multiple aggravated assault charges, the accused is caught in a battle of words, as typically there is not enough evidence to show who started the altercation and how the altercation finished, as many of these crimes, like in this case, happen in private homes. This lack of sure truth about the events of criminal act many times will subject the accused to an even rougher and sometimes longer time in the legal system.

When one is up against the wall in legal battles attempting to salvage what freedom one has left, one should not waste time thinking about the possible outcomes. One in a situation like this should immediately obtain an experienced Jacksonville aggravated assault crimes defense attorney to fight for one’s case and ensure one’s rights and defenses are known and protected. One should not waste time when the solution to one’s predicament is out there waiting.

Continue reading "Husband Speaks Out To Media In Jacksonville Triple-Assault Case" »

Jacksonville’s citizens believe in a wide variety of different things, from politics to economics, to religion. One characteristic that differs widely however is parenting styles. However, one’s parenting styles and beliefs, when taken out of hand, can make complicated issues for that person in the legal system. One in a situation such as this should contact an experienced attorney to fight for one’s case and make sure one’s rights are protected.

According to the Sun Sentinel, Harry J. Hendrix of Palm Beach county has been charged with allegedly beating his daughter with a bike lock. The charge comes after the man allegedly came home and began questioning his daughter about why she was not in church that day. Hendrix then went upstairs, grabbed a bike lock, and began beating her with it. The daughter has been released into the care of her stepmother.

Jacksonville child abuse cases range in variety, but almost all revolve around a parent’s misdirected anger. The responsibilities of being a parent can become very stressful, to the point that many cannot handle the job. However, this does not mean that that person should be punished severely for the stresses put on that parent that are seemingly insurmountable.

Hendrix has been charged with aggravated child abuse, which under Florida Statute 827.03, is a first degree felony. The penalties of that charge can result in one going to jail for up to 30 years and facing fines of $10,000. However, there are other alternatives to prison that one should know about when being faced with a charge such as this.

Many times in a case like Hendrix’s, the State will argue the worst in the accused. The State will attempt to show the Judge as well as the jury that the accused is a danger to society, one’s family, and one’s self. The State does not see one as an individual with struggles. The State sees one as a child abuser who deserves nothing more than to be locked away in a cell where one cannot try to mend one’s broken family.

Many times, if one has been faced with a situation like this, one will see the walls closing in around them. However, there is hope to defeat or lessen one’s charge substantially. If one obtains an experienced Jacksonville child abuse defense attorney, one can ensure that one will have the best defense possible to one’s charge and make sure that one gets the help they need to begin the process of mending the family relationships they once had.

In a situation such as this, one’s attorney could argue that the damages done to one’s family relationships are damaged and that is punishment. Furthermore, an experienced attorney could provide alternatives to prison that would allow one to recover from that unfortunate event and move on, such as relationship counseling, anger management, probation, and supervised visitation. There are reasonable and proactive options for relief. An experienced attorney can provide one those options.

Continue reading "Florida Man Charged With Hitting Daughter For Not Attending Church" »

Jacksonville families have many things that plague their lives and cause problems with husband, wife and children happiness. Unfortunately, sometimes these stresses push people over the edge. When this happens, one should contact an experienced attorney to fight for one’s case and ensure that one can get back on one’s feet and not let a domestic violence charge be another plague in one’s life.

According to the Florida Times-Union, Devin Juan Wilkes, 24, has been charged with felony domestic battery, aggravated assault, and child abuse. The charges come after Wilkes was reported to have attacked the mother of his year-old son, Sheena Hunter, with a kitchen knife. Hunter was reported to have used the child as a human shield, which Wilkes threw out of her hands.

Jacksonville domestic violence crimes typically involve some sort of assault and battery charge. However, what is interesting about this particular case is the manner in which the child abuse took place: both parents used the child as a reason for their actions, but still, the child was physically abused, something both parents said they were trying to avoid.

Wilkes has been charged with aggravated assault, felony domestic battery, and child abuse, which under Florida law are all third degree felonies, each charge carrying up to five years of jail time. However, with an experienced Jacksonville domestic violence attorney, Wilkes, like others in his situation, could have these charges’ penalties lessened or maybe even dropped.

An experienced attorney can offer defenses and mitigating factors that could possibly lessen the possible penalties to Wilkes’ actions, such as:

- Wilkes put the knife in a drawer when Hunter tried to use the child as a human shield

- Wilkes only waved the knife at Hunter, and did not actually attack her violently with the knife.

- Wilkes asked multiple times for Hunter to put the child down before Wilkes removed him by force from Hunter.

One problem that Wilkes might face as a defendant is his criminal record. This incident marks the third domestic violence charge Wilkes has received in the past three years. The legal system will look to this very same criminal record in the sentencing phase of proceedings, should the case go that far.

The legal system tends to view those who have criminal records, particularly those who are repeat offenders of the same crime, as people who just have not learned their lesson. However, these people are people who need help from the court system, rather than a jail cell.

An experienced attorney could use a prior criminal record such as Wilkes’ to shed a different light on the case. Wilkes needs anger management and psychotherapy rather than an abusive and antagonistic environment within a jail which will only fuel the fire to his rage. The legal system is meant for helping people get better, rather than worse.

Continue reading "Jacksonville Woman Uses Baby As Human Shield, Father Arrested" »

People get angry. People say things they do not mean. However, when people hurt people out of anger, there can be some major consequences to those actions. Many times, this anger is expressed through battery. When one is charged with battery, one should obtain an experienced attorney to fight for their case and make sure their rights are protected.

According to the Florida Times-Union, James Brannigan Jr., a Flagler county man, has been charged with beating up his girlfriend with a baseball bat. The man had previously been on a no-contact restraining order, forbidden from seeing his girlfriend.

In many battery/domestic violence cases, the victim and accused are fighting over money, family matters, or illegal activities. In any case, typically the accused strikes out of anger or betrayal. In this case, it is possible that the man and the victim were fighting about drugs, though not confirmed, as the Flagler County sheriff’s department found a three-foot tall marijuana plant in the closet of the victim’s home.

Assault and Battery are very common charges in domestic violence cases, though not to be confused with each other. An assault is an intentional and unlawful threat by act or word to hurt someone, and the person threatened must fear that the violence threatened is imminent.

Battery is different from assault in that with a battery, one actually and intentionally touches a person against their will and causes bodily harm to that person. In other words, to be charged with assault, you do not have to touch the victim; to be charged with battery, you do have to touch the victim.

Brannigan was charged with aggravated battery, a steeper charge of the battery type. Aggravated battery in Florida, according to Section 784.045 of the Florida Statutes, is when the person committing the battery causes great bodily harm to the victim, permanently disfigures the victim, or permanently disables the victim. This can be through causing broken bones, crippled limbs, scars and so forth.

In this case, the reason Brannigan was charged with aggravated battery was because he broke the victim’s nose and crushed her foot. The victim will hopefully be able to recover from her injuries. However, Brannigan will most likely not be able to recover from the fact that he will be charged with a second degree felony, be stripped of his rights, will have a hard time finding a job after his sentence is up, and will face the many other consequences of being a felon.

Continue reading "Florida Man Arrested in Domestic Violence Case" »

A recent domestic violence case in Jacksonville led to charges that a man rammed his car into his wife's car and kidnapping her, The Florida Times-Union reports.

As we previously reported on the Jacksonville Criminal Attorney Blog, domestic violence incidents require a strong and aggressive approach by an experienced Jacksonville Criminal Defense Attorney. These cases not only result in criminal charges on a person's record, but also bring ridicule and loss of reputation in the community. They can also result in job loss, the inability to own firearms and all sorts of additional social ramifications.

According to the newspaper, the 42-year-old man allegedly drove after his 45-year-old wife, who was driving in a car with her 55-year-old male friend, starting at their apartment complex and eventually down I-295. According to the news report, his car repeatedly slammed into the car carrying his wife.

The newspaper reports the woman then pulled into the parking lot of a grocery store to look for a police officer. While driving behind the store, the man allegedly hit the car a fourth time, pushing the wife's sedan into grass near a pond.

The man allegedly then got out of his vehicle and approached the vehicle with a baseball bat, demanding that the woman get out of the car and come with him. He allegedly threatened to beat the woman if she didn't.

Police issued a bulletin for the kidnapped woman, but she later called police after saying her husband returned her to their apartment complex. The man's vehicle was found abandoned at their house.

Domestic violence incidents can lead to mandatory jail time, anger management programs, probation and other consequences. But they aren't typically as iron-clad as police make them out to be.

Arrests for domestic violence can happen because of a dispute between a couple or a future break-up that one side knows is coming. Sometimes, the two spouses or girlfriend and boyfriend get into an argument and both end up with scratches and cuts and the male ends up getting arrested.

Sometimes, police go on very little information, simply taking one side at their word, before making an arrest. For all these reasons, domestic violence charges must be fought aggressively throughout the process. Police reports should be heavily scrutinized and the statements of eyewitnesses or alleged victims must be challenged.

If police believe the alleged victim at his or her word alone, the credibility of that witness must be questioned by an aggressive Jacksonville Criminal Defense Attorney. All areas of the case must be explored in order to ensure that the rights of the accused are upheld as well as the quality of the police investigation.

Felony domestic battery in Florida is defined as an intentional battery that causes great bodily harm, permanent disability or disfigurement. It is a third-degree felony, punishable by up to five years in prison. While that is an extreme case and most domestic violence incidents are charged as misdemeanors, it shows how serious these charges can get.

Continue reading "Jacksonville Domestic Violence Case Leads to Arrest" »

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" »

The recent case of a Jacksonville woman being killed and detectives arresting her husband and charging him with her death, highlights the issue of domestic violence in Jacksonville and the surrounding area.

According to The Florida Times-Union, a woman was shot to death inside her house around 4:30 a.m. Later that day, investigators charged her husband with the crime.

If you feel threatened by another person, whether it's a partner, neighbor, co-worker or a complete stranger, seeking a domestic violence injunction or restraining order in Jacksonville could be a smart move.

Conversely, those who are subjected to such an order require an aggressive defense. A restraining order can prevent you from returning home or seeing your children. In many situations, it's truly a case of guilty until proven innocent.

According to the Florida Department of Law Enforcement, there were more than 113,000 incidents of domestic violence in 2010. Of those, about 89,000 were simple assault cases and more than 18,000 rose to the level of aggravated assault. More than 2,000 of the incidents involved forced sex and more than 200 involved a person being killed.

An injunction or restraining order will keep police and the defendant on alert that the person can't be around or else face criminal charges. In severe cases, police can be on high alert to go on patrols to make sure the victim is left alone.

But going through the process alone can be difficult. Hiring an experienced Jacksonville restraining order attorney who will help you navigate the criminal justice system will make things much easier. We can also defend clients who are facing domestic violence charges and wrongly subjected to such orders -- which can disrupt your life and leave you with nowhere to turn.

In Florida, a temporary restraining order can be granted immediately after applying, but it only lasts until a hearing can be scheduled. After the order has been granted, the person who is labeled as the defendant will get notice and will be able to attend the hearing. If you go to a hearing without an attorney, you could be at a huge disadvantage.

Violating an injunction or order can mean serious criminal consequences for the person who violates. Many orders are "no-contact" orders, meaning the person can't come within a certain amount of feet of the victim and aren't allowed to call, email or text or communicate in any way.

The orders and injunctions must be filed with the police department where the victim lives and with the county sheriff's office where they live or spend much of their time.

Continue reading "Restraining Orders Can Be Issue in Jacksonville Domestic Violence Cases" »

The recent case of a shooting of a wife, allegedly at the hands of her husband, points out the need for a Jacksonville Domestic Violence Attorney in any case where law enforcement has brought charges.

Domestic violence charges in Jacksonville can involve allegations of battery or assault and many times police make arrests with very little evidence. For every tragic case that makes the news, there are husbands fighting false allegations amide divorce or child custody proceedings or the end of a difficult relationship. For that reason, many people can be charged with this crime simply if there is an argument in the household and a neighbor calls 911. And a conviction can mean being banned from owning firearms and may result in job loss and strained relationships with friends and family.

In this case, a woman was gunned down at her Jacksonville house recently after police were called around 4:30 a.m. Later that day, investigators charged her husband with her murder. Police have provided little additional information to the media.

It's unclear what happened and whether investigators have enough evidence to prove the husband committed the crime. But, sadly, arguments at home can sometimes escalate into violent outbursts.

In 2010, there were more than 113,000 domestic violence reports statewide, according to the Florida Department of Law Enforcement. Of those, about 89,000 included allegations of simple assault, while about 19,000 were aggravated assault.

While there are many non-profit agencies dedicated to helping victims of this type of crime, it is also one of the most abused laws on the books.

In many cases, perhaps the majority, alcohol affects the judgement of the people involved and present law enforcement officers with a tough choice of who to believe, if anyone. Police typically side with the person claiming to be a victim with little or no evidence to support charges. In cases where both partners have injuries after a fight, the husband or boyfriend is usually the one who gets carted off to jail.

These charges can carry penalties that mandate jail time, require fines and fees be paid, put a person on probation; defendants are also often subjected to having their jail mug shot published in the newspaper, on television or online.

But, like any criminal charge levied by law enforcement and state prosecutors, it can be successfully defended in court. Pointing out credibility issues with the alleged victim and proving that both were responsible for causing injuries are some defenses.

Sometimes, too, it's possible to show through mitigating factors like a lack of criminal history record, an upstanding reputation in the community and other reasons that the defendant deserves the benefit of the doubt and a lesser sentence.

Continue reading "Jacksonville Domestic Violence Case Turns Deadly" »

As Jacksonville Domestic Battery Attorneys, we are often asked to define the words "domestic violence". The actual definition in Florida is any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death or a family or household member by another family or household member. A family or household member is a spouse, former spouse, person related by blood or marriage, person who you are presently living with as if a family, person who you have lived with as if a family in the past, or person you have a child with.

It is very easy to be arrested for domestic battery in Jacksonville. A person can call the police and tell them you touched them against their will. Our Jacksonville Criminal Law Firm represented a man who had a girlfriend tell police he hit her in the eye. After he was arrested for domestic battery, the alleged victim (girlfriend), came into our office to show us how she applied makeup to make it look like she had a black eye. Our Jacksonville Criminal Lawyers were able to get the domestic violence charge dropped, but some damage had already been done because he was arrested. He was arrested for a crime he did not commit and thankfully, we were able to convince the state attorney to drop the charges.

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.