Category Archives: Assault Battery
The Three Stages of an Assault Arrest
Ordinary assault, which is a first-degree misdemeanor in Florida, is the most common assault charge in the Sunshine State. Typically, arrests are quick and clean matters. Officers witness crimes and officers make arrests. Ordinary assault is different. Officers usually don’t need arrest warrants in these situations. But they must follow all three steps of… Read More »
What is Considered Aggravated Assault in Florida?
Every state defines enhanced assault, or aggravated assault, differently. Florida’s version of aggravated assault is found in Section 784.021 of the Florida Statutes. The punishment for aggravated assault is basically the same in all states. Ordinary assault, or simple assault, is usually a misdemeanor. Aggravated assault is always a felony. In Florida, a Section… Read More »
Building a Successful Defense in an Assault Case
Ultimately, a successful defense in an assault or any other case must create a reasonable doubt as to the evidence. A criminal case doesn’t decide if the defendant “did it” or not. Rather, the outcome of a criminal case hinges on what the state can prove. The less evidence prosecutors have, and the stronger… Read More »
Broward County Hate Crime is Part of Rising Tide
A 47-year-old man faces serious criminal charges after he allegedly tore off a woman’s hijab then physically assaulted her. According to an affidavit, after the man made an obscene gesture toward the woman and told her to “go back to her country,” he ripped off the victim’s hijab, then began to slap and punch… Read More »
Serious Domestic Violence Incident in Lake Worth Beach Airbnb
A 33-year-old man faces multiple criminal charges after he allegedly beat his wife’s lover with a baseball bat. The man was carrying an aluminum bat when he confronted his wife and his wife’s lover, according to surveillance video. The man allegedly hit the boyfriend three times before his wife stopped the attack. “Don’t come… Read More »
Florida Man: I Was Beaten in a Hate Crime Assault
A Coconut Grove man said two assailants shouted gay slurs while they beat him and left him for dead on the street one night. The man said he was targeted while he was walking home, just after midnight. The victim said two men punched and kicked him over and over again while they called… Read More »
Defenses To Aggravated Assault Charges In Hillsborough County
Typically, prosecutors use conduct or status to elevate ordinary assault charges to Section 784.021 aggravated assault charges. The conduct is using a deadly weapon. For purposes of this law, pretty much anything can be a deadly weapon, even something like a coffee cup, depending on its use. The status is an assault with the… Read More »
Angry Customer Pistol-Whips UPS Manager In Miami
A dispute over a damaged printer led to a violent assault which police are still investigating. “He started hitting me with a handgun a couple of times,” the alleged victim said about the customer. Store security footage captured the man, dressed in a bright orange shirt and black shorts, attacking a UPS store manager…. Read More »
Successfully Resolving Aggravated Assault Charges In Hillsborough County
Most aggravated assault and other criminal charges settle out of court. In fact, only about 6 percent of the felonies in Florida state courts go to trial. However, most of these cases do not settle straightaway. Early settlements are usually not in the defendant’s best interests. In general, it is usually a bad idea… Read More »
What Happens When Simple Assault Cases Go To Court?
The short answer to this question is that the case most likely settles out of court. Plea bargains resolve over 90 percent of the criminal cases in Hillsborough County. However, the process is very rarely quick or easy. That’s especially true in assault cases and other matters which have many moving parts. Usually, there… Read More »