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.
Many domestic violence/battery cases in Jacksonville are simple family feuds that escalate too far. Others are more violent and centered on property. No matter what the reason for the battery, one should not let a felony charge such as this ruin one’s life. One should fight. If one obtains an experienced Jacksonville domestic violence/battery attorney, one will be able to fight for their future and make sure their rights will be protected.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for more than a decade and is here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one requires a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Flagler County Man Beats Girlfriend With Baseball Bat, Police Say, Teresa Stepzinski, The Florida Times-Union