Jacksonville is a large diverse city with diverse people from all walks of life. Some of Jacksonville’s citizens choose take a path that leads to being charged with crimes. Any circumstances that leads one to being charged with a crime still entitles one to seek legal assistance to ensure that one‘s rights under the law is protected. One who finds themselves in this situation needs an experienced defense attorney to assist in ensuring one’s rights are protected.
A Florida man has been charged with child abuse and battery after allegedly choking a teenage driver who gave him the middle finger. Edward Lepore, 57, of Palm Bay, got into an argument with the 16-year-old boy, and the teen wound up flipping him off and driving away. Lepore then allegedly tailed the boy in his car until the teen pulled over, when he out of his vehicle and approached the window. The victim asked why he was being followed. That’s when Lepore allegedly reached in through the window and strangled the boy for a few seconds.
Assault is defined as an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well-founded fear in such other person that such violence is imminent. Assault is a second degree misdemeanor, which has a maximum penalty of 60 days in jail and a $500 fine.
In many situations, the victim of a crime may be charged with a crime because of an act or set of acts leading to their being harmed by the person who battered them. In cases like these, sometimes teenage conduct rises to the level of an assault, such as cases like and in others, there is simply no evidence of an assault.
Battery is defined as when a person “intentionally touches or strikes another person, without that person’s consent or intentionally causes bodily harm to another person.” A Battery becomes an Aggravated Battery if “during the commission of a battery, he/she: 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.”
Battery is a first degree misdemeanor, which has a maximum penalty of 1 year in jail and a $1000 fine. Due to a lack of evidence often associated with choking cases, the punishment inflicted on those convicted tends to be rather minor. In order to impose more severe punishments for choking incidences, thirty states have initiated measures that permit choking or strangulation to be classified as a felony criminal offense.
Choking or strangulation impedes the ability to breathe and can reduce the amount of oxygen flowing to the brain. As a result, choking can cause permanent brain damage and other physical injuries. A major problem with many of these cases is that there is a lack of enough physical evidence in these cases to pursue higher charges, yet the case has the support of police officers and prosecutors who try them. Other times, the violent act is only prosecuted as a misdemeanor, without the fear that the offender will likely repeat the violent act against the victim since the criminal punishment is minor. In either case, a restraining order may be obtained in certain situations that may restrict one’s movement in certain locations.
Roadrage and the accompanying actions have landed many of Jacksonville’s citizens on the wrong side of the law. Sometimes because one cannot control his emotions and things get out of hand one acts in a manner consistent with temporary insanity. In the eyes of the law there is no excuse for acting out in rage.The outcome when acting on road-rage can leave one in a lot of trouble and with a need for legal assistance to protect one’s rights. There are many options one may choose when charged with a crime, but these options are subject to disappear the longer one waits to choose.
Fortunately, one does have an option for relief. One should contact an experienced attorney who can work with the Judge. When one’s case is pled to a Judge who sees a remorseful accused party, one’s punishment often times is extremely small or nonexistent. Fortunately, if one obtains an experienced Jacksonville battery defense attorney to fight for one’s case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one cannot win on one’s own.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are 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: Edward Lepore Allegedly Chokes Teen Driver Who Gave Him The Middle Finger, Huffington Post