Domestic Violence / Assault / Battery
Assault and battery are related crimes. Battery is the offensive touching of another without consent and Assault is the attempt to commit a battery or the placing another in imminent fear of a battery. Often such violence occurs in the context of a family or a home. Florida’s legislature created a remedy to prevent such violent occurrences, known as the domestic violence injunction. Unfortunately at times this remedy is abused by those seeking a legal advantage in a family, divorce, or child custody matter. Once a person has been excluded from their home and kept away from their family it is difficult to reverse that situation. It is important that experienced counsel be consulted before these hearings are convened.
It is also of paramount importance to gather as much evidence as possible as soon as the incident has taken place. Photographs, a copy of the 911 call to the police, patrol video footage, hospital records, and witness statements are some of the evidence necessary to evaluate your case. In Florida there is a new law that states you have “no duty to retreat” when faced with an imminent attack especially in your own home or vehicle. If you feel you have a reasonable fear for your safety, you can stand your ground and defend yourself.
There are many different types of battery charges. Some can be extremely serious felonies. If you are found guilty of a battery on a law enforcement officer, you cannot get a withhold of adjudication and you will be a convicted felon if you plead guilty to that charge. Felony convictions can keep you from getting a job, keeping a gun, collecting Social Security benefits and other far-reaching ramifications that go beyond jail.
Call our office for a free consultation and allow our firm to examine your case from first appearance and bond hearing to jury instructions and guide you each step of the case and every decision you will face to achieve the best outcome for you and your family. If you find yourself facing such a charge, immediately contact our office for a free consultation to determine the best way to begin the process of resolving your case.