Assault and other violent crimes cases are serious. Hire an experienced lawyer from Redavid Law PLLC to fight your case. (305) 938-9939.
The crime of battery occurs when a person actually and intentionally touches or strikes another person against their will. Battery also involves intentionally causing bodily harm to another person, but injury does not necessarily have to occur for an action to be classified as battery. Simple battery, as it is commonly referred to, is a first-degree misdemeanor, punishable by up to 364 days in jail; however, there are many factors that could change the severity of the charge.
If someone has a prior conviction for battery, and he or she is now charged with a second or subsequent battery, the charge may be a felony. The traditional felony battery charge arises if, during the unlawful touching or striking, the other person suffers “great bodily harm, permanent disability, or permanent disfigurement.” In this case, the battery will be charged as a third-degree felony, punishable by up to five years in prison.
Domestic battery by strangulation is a separate offense under the umbrella of battery. Aggravated Battery, a second-degree felony, can arise when someone uses a deadly weapon, or when the alleged victim was pregnant at the time of the offense.
If, in the course of committing a burglary, the person also commits a battery on another person, it is referred to as a “burg-batt,” and is a first-degree felony punishable by up to life in prison.
Because of the seriousness and severity of these offenses, the government treats them accordingly. Usually, the alleged victim plays a big role in the prosecution and plea bargaining process. Thinking the case will go away because the alleged victim may not come to court is the wrong mentality. Jordan Redavid knows how to handle these cases. He prepares for every angle to help guide you through the process. Call now: (305) 938-9939.
I am here to assist you or your loved one in any violent crimes matter. Call (305) 938-9939 for a FREE consultation.
An “assault” is an intentional, unlawful threat by word or act to do violence to another person, when there is an apparent ability to do so, and there is some act which creates a “well-founded fear” in the other person. It is usually charged as a second-degree misdemeanor, punishable by a maximum of sixty days in jail.
However, if, in the course of committing an assault, a deadly weapon or intent to commit another felony is also present, it becomes an aggravated assault, which is a third-degree felony, punishable by a maximum of five years in prison. The slightest change in the alleged commission of an assault can mean the difference between a few days in jail and years in prison but, these types of cases are very defensible.
“Jordan Stuart Redavid an excellent Attorney, very focused and determined to win my case. I highly recommend him to any one who needs an attorney.”
The term stalking covers a wide array of conduct. It might include harassment, which is defined as engaging in a pattern of conduct over a period of time, directed at a specific person, which causes substantial emotional distress and serves legitimate purpose.
It might also include cyberstalking, which is similar to harassment but requires efforts to communicate words, images, or language by or through the use of email or electronic communication. In Florida, stalking can be either a misdemeanor or felony depending on certain factors. That’s why it’s very important to have an experienced criminal defense attorney on your side.
Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. That means spouses, former spouses, persons related by blood or marriage, or persons who are presently residing together might all fit the bill. If someone is adjudicated guilty of a domestic violence crime, and the person has intentionally caused bodily harm to another person, the court must sentence the person to a minimum of five days in jail. Additionally, domestic violence cases usually involve the potential for injunctions, stay away orders, and protective orders. Redavid Law, PLLC is here to assist your or your loved one in any domestic violence matter. Call (305) 938-9939 for a FREE consultation today.