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FLORIDA ASSAULT AND BATTERY CRIME LAWYER
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Assault and Battery - What's the difference? Assault and Battery - Whats the difference? Many people, including those in the media, dont know the difference between an assault and a battery. We constantly hear "She was assaulted." If that was the case, as a defense lawyer, thats better news than the charge of battery. Its easier to defend a charge of assault, which is a misdemeanor, punishable by up to 60 days jail and a $500 fine. With an assault, nobody is actually touched or struck.
Assault (No touching or striking) To prove assault, the government has to prove beyond every reasonable doubt that you: Intentionally threatened by word or act to do violence to another person, coupled with the apparent ability to do so, and you did some act which created a well-founded fear in the accuser that the violence was imminent. Imminent means about ready to take place.
Aggravated Assault Aggravated assault is an assault with a deadly weapon without intent to kill or an assault with intent to commit a felony. Ive handled many cases of aggravated assault with a firearm (gun), which carries a three-year minimum mandatory sentence and a maximum of five years prison.
If you are facing assault charges and need a Florida criminal assault charge attorney, call me
Grey
Recent Assault and Battery Case Wins BATTERY - Not Guilty after Jury Trial. The client was accused of kissing a woman in an elevator. According to the accuser, the client approached her in the elevator, told her she had beautiful blue eyes, asked her if she was married and said her husband was lucky. She went on to say that he grabbed her hand and kissed it, and then kissed her on her mouth. The client testified at trial that they did meet in the elevator. However, he denied ever touching or kissing the accuser. He also testified that she must be prejudice towards him because he is Hispanic and she is white. The jury deliberated for less than ten minutes. Not Guilty after jury trial.
ASSAULT & BATTERY- Not Guilty after Jury Trial on all counts. This case was a down-filed felony. He was initially arrested for aggravated domestic battery, punishable by up to 15 years prison. The allegation was that my client attacked his girlfriend and her eight year old son. He chased her around the house with a five foot pole. He wedged the pole between the door and the door frame, so the door could not close. As the accuser was closing the door, he struck her in the neck with the end of the pole. Her neck was injured. This was all done in front of her son. At trial, the accuser was cross-examined thoroughly about bias, motive to lie, and fabricating evidence. Not Guilty on all counts, assault and battery.
DOMESTIC BATTERY - Not Guilty after Jury Trial based on Self-Defense. The client had an argument with her husband. She told him a hit man from Chicago was going to "snuff him out." She also complained that he doesn't have sex with her. Her son tried to intervene. She grabbed her son by the arm so she could continue to argue and threaten her husband. She caused abrasions to her son's forearms. Initially, the client was arrested for child abuse on her son, a felony, and domestic battery on her husband. When the client grabbed her son, her husband intervened. The client hit and scratched her husband, injuring him. He had lacerations to his left cheek, neck, left forearm and hand. The client denied anything occurred. At trial, the defense was self-defense. Her husband grabbed her first and she fought back. You have the right to defend yourself. The jury agreed.
DOMESTIC BATTERY - Not Guilty after Jury Trial. The accuser's side of the story: She told my client she was breaking up with him. They argued. He told her they were "going to die tonight." This was a classic reference to the "if I can't have you, nobody will have you" argument. He was driving fast and wouldn't let her out of the car. She tried to get out. He went crazy when she said she was leaving him. She eventually got out and ran with her daughter. She called 911. He slammed the phone down to the ground. He hit her on the face by the right ear and her chest area. It is undisputed that she had redness and a scratch mark on her body when police arrived. At trial, the defense was self-defense. Yes, she had marks, but she was the aggressor. Domestic battery is a gender-biased crime. It seems the guy almost always goes to jail. However, the jury found him not guilty.
DOMESTIC BATTERY - Not Guilty after Trial. My client was the son of a famous jazz drummer who played with John Coltrane. I love jazz, so this was an honor to defend him. The allegation was he hit his wife on her right arm with a cane and knocked her into the counter. He did push her away in self-defense. She picked up a phone and tried to hit him with it. The theme of the case was this is a he said, she said, with no visible injuries. He used reasonable force to defend himself.
BATTERY - Not Guilty after Jury Trial. The client allegedly hit his wife in the face. She called 911. She had redness on her cheek area. Photos were taken. The client was arrested right away without being able to tell his side of the story. After arrest, the police found a vicodine pill. He did not have a prescription for it. That felony charge was dropped. We went to trial on the battery charge. We argued lack of evidence. It was a he said-she said with virtually no visible injuries. The not guilty verdict was a relief for the client.
aaacriminaldefense.com has its principal office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr. Tesh represents clients charged with serious federal criminal offenses before Federal Criminal Courts in Miami, Fort Lauderdale, West Palm Beach, Stuart, Martin County, Port St. Lucie, Vero Beach, Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts throughout the United States of America. Federal crimes lawyer, federal criminal attorney, west palm beach criminal lawyer, west palm beach criminal defense, fort lauderdale federal lawyer, west palm beach, florida, fort pierce criminal lawyer, federal criminal defense attorney, Miami federal criminal lawyer, federal lawyer west palm beach, florida attorney, west palm beach lawyer, attorney, federal appealsIf convicted, you have only ten (10) days in Federal Court, as opposed to thirty (30) days in Florida, to file a notice of appeal. If you want to appeal a conviction, you must contact a Federal criminal appeals attorney immediately as time is of the essence.
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Copyright 2007 Grey Tesh, Criminal Defense lawyer,
West Palm Beach Florida.
All rights reserved.