Jacksonville Criminal Attorney Blog

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.

As a Jacksonville Criminal Defense Law Firm, our attorneys handle many domestic battery cases. Domestic battery is defined as an intentional touching against someone's will and that someone is a family or household member. A family or household member means spouses, ex-spouses, people related by blood or marriage, people who are living together as if a family or people who have lived as a family in the past.

If you are arrested for domestic battery in Jacksonville or anywhere in Florida, there are certain thinks you must do according to Florida law. Even if you were not adjudicated guilty of domestic battery (received a withhold of adjudication), you will still be placed on 12 months probation and ordered to attend and complete a batterers' intervention program as a condition of your probation. The batterers' intervention program is a 26 week (you must attend once a week). There is also a minimum term of jail if you are adjudicated guilty of domestic violence. The minimum jail term is 5 days in county jail, but the court can waive the jail time. If you are arrested for a domestic battery in Jacksonville, consult with a Duval County Domestic Battery Lawyer to discuss your case and your rights.

Miami Dolphin player, Phillip Merling, is no longer facing aggravated battery charges in a county south of Jacksonville. According to the Sun Sentinel, the Broward County Prosecutor has decided to drop the battery charges because the alleged victim moved out of state and will not come back. The state attorney's office was not able to get her served with a subpoena.

If you are arrested for any charge involving a victim, such as domestic battery in Jacksonville, aggravated battery in Jacksonville, aggravated assault in Jacksonville, or simple assault in Jacksonville, their testimony is very important. Unless there is a witness to the touching, the victim is critical to the prosecutor's case because they have to prove that the victim was touched against his or her will.

As a Domestic Battery Lawyer in Jacksonville, I have dealt with many cases where the victim has disappeared or is unwilling to testify against my client. If the alleged victim cannot be found, the prosecutor is going to have a hard time proving their case. If the alleged victim does not want to testify, they can be made to come down to the courthouse if they are served with a subpoena.

We are a Jacksonville Domestic Violence Law Firm and represent many people charged with crimes involving violence. Our Jacksonville Domestic Battery attorneys constantly analyze crime reports involving reported claims of violence.

There are several crimes that are enhanced by there being a domestic relationship between the defendant and victim. The state of Florida compiles the statistics of reported domestic violence and issues a Crime in Florida Report semi-annually. This year, from January to June, here are some of the numbers relating to domestic violence:

Domestic forcible rape crimes went down by 5.3%. Domestic aggravated assault crimes went down by 5.1%. Aggravated stalking went down by 23.9%. Simple assault went down by 1.8%.

The relationship of the parties also varies. Of the 1049 domestic forcible sex offenses, 61 offenders were the spouse of the victim, 58 were the parent, 285 were the child, and 150 were the sibling. Of the 44,371 domestic simple assault charges, 9,820 were committed by the spouse of the victim, 5,119 by the parent, and 2,754 by the child.

At The Forbess Law Firm, we are Jacksonville Criminal Attorneys who handle criminal cases exclusively. There is one crime in particular that is very easy to be arrested for. That crime is Domestic Battery. Domestic Violence is a first degree misdemeanor punishable for up to one year in jail. There are two elements the prosecutor has to prove with domestic battery in Florida. There has to be a domestic relationship between the parties, such as having a child in common or having ever lived together. There also has to be an intentional touching against the other party's will or intentional harm inflicted on them.

Many of our Jacksonville domestic battery clients tell us that the police inform them, when they are dispatched to a battery, they have to take someone to jail. This is incorrect. A police officer should only arrest someone if there is probable cause to believe that person committed a crime. A phone call from a neighbor, for example, who did not see any touching is not probable cause to arrest someone for domestic battery.

According to the Florida Times Union, Duval County will now have a special court that handles domestic battery cases only. The court will allow representatives from victim agencies, such as Hubbard House in Duval County, Quigley House in Clay County, or Micah's Place in Nassau County to be present during the process.

As a Jacksonville Criminal Lawyer, I have hundreds of people charged with Domestic Battery. Even though this is a misdemeanor in Florida, a domestic battery charge carries significant consequences.

JSO officers commonly tell people that if they are called out to a domestic battery call, they are required to arrest someone. This is not accurate. A police officer can arrest someone only if they can testify that there is probable cause to believe a crime has occurred. That means, based on the evidence they have in front of them, more likely than not the suspect committed the crime.

In many domestic battery cases in Jacksonville, there is no injury on the alleged victim. Even though there are no scratches, bruises, or red marks, a police officer can make an arrest for domestic violence if he or she believes there was an intentional touch against someone's will.

As Domestic Battery Lawyers in Jacksonville, we have represented many people charged with domestic violence crimes. Domestic Battery is probably the most common domestic related crime in Jacksonville. In order to prove a domestic battery, for example, the prosecutor has to prove that you intentionally touched someone against their will or intentionally hurt someone. The "victim" and you have to be family or living as if a family.

According to the Florida Department of Law Enforcement, the total domestic violence crimes for Jacksonville (Duval County) went up 9.9% from 2008 to 2009. Domestic violence crimes in Jacksonville include homicides, rapes, assaults, battery charges, and stalking. In 2009, there were 9 domestic homicides, 53 rapes, 838 aggravated assault offenses, 6781 simple assault charges, and 5 aggravated stalking offenses in Jacksonville.

Getting an injunction in Jacksonville is a civil matter, not a criminal one. That means in injunction court, there is no determination of guilt in a domestic battery situation.

A court can issue an injunction when it appears that the person seeking the injunction is either the victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic battery. The court has to make the determination whether or not the alleged victim's fear is reasonable. Some factors that the court considers are:

1. The current accusations of domestic violence.
2. The parties' behavior within the relationship.
3. The history of the relationship as a whole.

More times than not, injunctions are granted because most courts don't want to take any chances when someone says they are in fear and accuses someone of violence. Our Jacksonville Criminal Defense Law Firm handles many injunctions that come along with a criminal domestic battery case. If you are either the respondent or petitioner, everything you say in an injunction hearing in Jacksonville is recorded and can be used against you in the criminal case. That is why it is so important to consult with a Jacksonville Domestic Battery Attorney about your case.

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.

In Florida, if there is a domestic violence related death, there is a system in place to examine what went wrong. It is called the "Domestic Violence Fatality Review Team" and cities such as Jacksonville are charged with putting them together. The team reviews fatal and near-fatal acts of domestic battery. The team examines what led up to the incident, community resources that were available but not used, domestic battery laws, etc. Their purpose is to examine what the government could do in the future to prevent this from happening again.

There are many people who can make up this team. They can be representatives from the:

Duval County state attorney's office
Jacksonville Sheriff's Office
medical examiner's office
Domestic Battery Centers
Department of Children and Families
Hubbard House
Clerk of Court

An ex-assistant state attorney was arrested for domestic battery in Florida. William Price was a prosecutor for 2 years and is now a criminal defense attorney in Panama City. Police responded to a dispute and claim to have found the alleged victim cut and bleeding. Police report that Price allegedly called the alleged victim after the incident and harassed her. The domestic battery charge carries up to 1 year in jail and is a first degree misdemeanor.

It is very easy to get arrested for domestic battery in Jacksonville. If JSO responds to a domestic dispute, someone is going to jail. It usually is the man who gets arrested of if it is a man and a woman who are involved in the fight. Police will look for any physical marks on the alleged victim's body. They will also look for an "independent" witness to the touching.

In order to prove a domestic battery, the prosecutor must prove that you intentionally touched someone against their will or intentionally harmed someone.

When an injunction is entered against you, whether it is permanent or temporary, there are many ways you can violate it. If you are found in violation of an injunction in Jacksonville, you can be arrested for a misdemeanor facing up to a year in jail.

The ways you can violate are:

1. You refuse to leave the house that you share with the petitioner.

2. You go within 500 feet of the petitioner.

3. You go within 500 feet of the petitioner's house, school, or work.

4. You get in touch with the petitioner yourself or through someone else.

5. You batter the petitioner.

6. You refuse to give up your gun if you are mandated to give it up in the injunction.

It is very easy to get arrested for violation of injunction. If you think you are going to be arrested or you have been, you should contact a Jacksonville Injunction Attorney to go over your case.

Many people have heard of injunctions, but what is an injunction for protection against domestic violence in Jacksonville? It is for a person who is family or is a household member of the "respondent" (person who injunction is against). That person has to prove that they have been:

1. the victim of domestic violence in Jacksonville or

2. has a reasonable belief that he or she is in imminent danger of becoming a victim of a domestic battery in Jacksonville.

The "petitioner" (person who seeks the injunction) has to sign a sworn petition stating facts that support their allegations. When you go to an injunction hearing, you can have a Jacksonville Injunction Attorney with you or you can represent yourself. Often, people choose to go by themselves instead of hiring a Jacksonville Criminal Lawyer.

In the injunction hearing in Jacksonville, the judge will call up both parties and hear from both sides. If the judge thinks the allegations most likely are true, he or she will grant the injunction. The judge can make the injunction permanent or temporary.