battery defense attorney

MMA Fighter Charged with Using Hands as Deadly Weapons

Andrew Stine — Wed, 07 Mar 2012 17:17:24 GMT

There have been a few mixed martial arts fighters making headlines in recent years for breaking the law. As the sport grows in popularity, so does the amount of media attention the athletes are forced to contend with. MMA Fighter Fernando Rodrigues was recently arrested and charged with several crimes after a road rage incident where he allegedly pistol-whipped another person in addition to punching and kicking him several times and putting him into a wrestling hold. Palm Beach Post covered the details of the confrontation after the victim spoke out to the public.

Road Rage in South Florida

Anyone with experience driving in South Florida understands how difficult it can be to navigate the roads in this area. There are careless drivers a plenty, and there are also impatient and angry ones. Pool service man Juan Uribe learned the hard way that mixed martial arts fighter Fernando Rodrigues falls into the latter category. Uribe and his boss Michael Caccavella apparently did not take off on a green light fast enough for Rodrigues Monday.

According to the Palm Beach Post, Rodrigues began driving aggressively behind the men on State Road 7 in Coral Springs after they pulled out of the light. Caccavella said that when he tried to pull into another lane, Rodrigues pointed a gun and yelled obscenities. The two pool service men pulled over to call police and as Caccavella was dialing 911, Rodrigues allegedly walked up to the window and struck him in the face with a gun, then struck Uribe with the gun as well.

Caccavella said he then drew his gun and saw Rodrigues kicking and punching Uribe. The fighter then allegedly placed Uribe in a wrestling hold. Caccavella said police arrived just as he pulled his trigger, but realized there was no bullet in the chamber.

Rodrigues, 31, has served two military tours in Iraq, and has been charged with three counts of aggravated battery with a deadly weapon — his hands. He has also been charged with burglary of a structure and burglary with an assault for allegedly reaching into Caccavella's truck and striking him. He also faces two counts of aggravated assault with a firearm.

Everyone at Monday's scene was handcuffed and questioned, but only Rodrigues was arrested.

Criminal Defense

If you have been charged with aggravated assault or battery, you are looking at a crime that involves a deadly weapon (weather that be your hands, a knife, or a firearm). These charges can escalate very quickly and you could be facing serious time in prison. The only way to mitigate this situation is to call a criminal defense lawyer immediately.

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Officer Arrested for Illegal Arrest in Broward County

Andrew Stine — Wed, 01 Feb 2012 16:46:28 GMT

When officers of the law are arrested, the public usually sees the case on the news because officers generally always fight the charges. This is usually because if they are convicted, they will never again be able to be officers of the law. In Broward County, a Sheriff’s deputy is facing this dilemma after conducting a suspicious arrest while off duty. His accuser allegedly has a video recording of the incident.

Road Rage in Broward County

Paul Pletcher, 37, is a Broward Sheriff’s deputy has been under investigation for several months after a woman called 911 saying he had pulled her over, screamed profanity and racial slurs, restrained her then stole her cell phone. Pletcher has been charged with four criminal charges including burglary, battery, criminal mischief and petty theft. He has been suspended without pay.

As do many officers charged with criminal counts, Pletcher and his criminal defense lawyer intend to fight the charges and plead not guilty.

Neyda Osoria, 38, told police that she was waiting at a light on Broward Boulevard when her friend noticed a deputy yelling at them. Pletcher was off-duty and out of uniform at the time, but armed and driving his patrol car. Pletcher allegedly gave her the middle finger and she returned in kind. Then Pletcher turned on his flashing lights and pulled her over. Osorio’s friend then used her cellphone to begin taping the incident.

When Pletcher realized he was being recorded, he demanded the phone, then took it by force when she refused to turn it over, Osorio told police. The deputy also drove off with her driver's license, according to WPTV News.

"Even though she was not booked into a jail, when he used his police lights to stop her, that was an arrest under the law," Ed McGee said, Osorio’s lawyer.

Fighting the Criminal Charges

If you have been charged with burglary, or battery, it is important to contact a criminal defense lawyer immediately. These charges are very serious in the state of Florida and can have serious consequences. Pletcher, a Sheriff’s Deputy, has no choice but to rely on his criminal defense lawyer to fight the charges.

"When a police officer is charged with wrongdoing, he always has to fight the charges," Pletcher’s criminal defense lawyer said. "If an officer wants to remain an officer, he has to fight the charges."

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Assault and Battery Charges in West Palm Beach

Andrew Stine — Wed, 21 Dec 2011 16:34:09 GMT

The West Palm Beach metropolitan area is the 13th most violent city in the country. There are many violent crimes committed in Palm Beach County and assault and battery are two of the most serious. Most people think "assault and battery" are the same offense but technically "assault" and "battery" are two distinct and separate crimes.

A West Palm Beach man was arrested on Monday for aggravated battery, after his girlfriend accused him of beating her during an argument, reported by Cynthia Roldan, The Palm Beach Post

Christopher Maurice Raphael, 24, is being held at the Palm Beach County Jail in lieu of $26,000 bond. He is charged with aggravated battery, battery and criminal mischief.

According to the probable cause affidavit, a West Palm Beach Police officer was dispatched to the 500 block of Sapodilla Road on Monday at 10:33 a.m. to reports of a domestic battery incident. The caller, who was later identified as the 19-year-old alleged victim, told the officer that during an argument, Raphael threw body waste at her.

The woman, whose name is withheld in the affidavit, added that Raphael hit her with a bed board and with his hands. She also said that he broke the front window to their home and of her car.

The officer noted in the affidavit that the woman stated that "He cannot get away with this again." The officer also noted that while the woman was talking, Raphael said "you rapping too much to the police."

Assault and battery laws in Palm Beach County are tough. Prosecutors are unforgiving. If you are faced with this charge – even if you think it was justified – you have an uphill battle to prove your innocence.

There are over a 1,000 criminal defense attorneys in Palm Beach County but only a handful of them have assault and battery experience. There is no substitute for experience when it comes to assault and battery defense. An experienced criminal defense attorney will poke holes in the state’s case and persuade a jury if the case goes to trial. And if the criminal defense attorney has a good track record and is known and respected in the courtroom, the defendant will have a much better chance negotiating a deal. But remember - the burden of proof rests solely on the prosecution. If you had no "intent" to injure another person, the charges can be reduced or dropped altogether.

Your rights and your freedom are at stake - protect them and fight for them with a West Palm Beach criminal defense attorney who has assault and battery experience.

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What to do After being Charged with Aggravated Battery

Andrew Stine — Mon, 17 Oct 2011 14:26:14 GMT

Aggravated Battery is a Felony

Aggravated battery is the crime of intentionally causing harm to another person using a deadly weapon. A deadly weapon can be considered a firearm, a knife, or even a vehicle. In this case, the deadly weapons used were poles and sticks. Aggravated battery is a second-degree felony punishable by up to 15 years in prison.

Aggravated Battery in Fort Pierce

According to WPTV News, a Fort Pierce teenager is suffering in critical condition after witnesses said he was beaten with poles and sticks Thursday evening. Reports say the 16-year-old victim’s condition has improved since Friday but when authorities arrived on the scene, he was suffering from seizures after several blows that fractured his skull and caused bleeding in the brain.

Authorities announced Sunday that three men were arrested in connection with the crime and potential further arrests may happen soon. Anbut Brutus, 19, and Dieune Louidor, 19, of Fort Pierce and one juvenile male have been taken into custody and charged with the serious crime of aggravated battery.

According to WPTV News, police said up to ten people may have been involved in the beating on Thursday, just after 8 p.m. on Avenue I, across the street from an elementary school. Witnesses said they saw the boy being beaten with poles, rods and sticks for several minutes.

The community is expressing frustration because potential witnesses are unwilling to come forth and provide information that may be crucial to the aggravated battery charges against all of the people that may have been involved because they fear the backlash that may occur.

Anonymous tips can be made to Treasure Coast Crime Stoppers by calling 1-800-273-TIPS. Tipsters may be eligible for up to a $1,000 reward.

Aggravated Battery Criminal Defense

If you have been accused of aggravated battery, you are in for a long, hard, legal process. A criminal defense lawyer is the first call you should make after being accused of aggravated battery. The act of using a deadly weapon to intentionally inflict harm or permanent injury on someone is a serious felony that can land you in prison for 15 years. A criminal defense lawyer will be able to guide you through the complexities of the legal process.

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What is Stabbing in Criminal Law?

Andrew Stine — Mon, 19 Sep 2011 15:26:00 GMT

Stabbing is a serious crime as it can be deemed it court as assault with a deadly weapon (aggravated assault) or even attempted murder. These two crimes are both felonies but the sentences may vary depending on the circumstances of the crime. Also, stabbing may have residual charges depending on the situation as well. If the stabbing coincided withtheft or robbery, the multiple charges could have a serious impact on the sentence and court proceedings.

Aggravated Assault

Aggravated Assault according to Florida Statute 784.011 is covers a broad range of illegal actions. These include but are not limited to intentionally threatening a person so that person feels imminent threat of violence or danger. It can also be defined as assault with a deadly weapon.

The deadly weapon used is very important during the court process because using a knife is one thing but if the defendant used a firearm, then the sentence has 3 years of mandatory imprisonment. If the defendant used a knife instead of a firearm and has no prior convictions, generally a criminal defense lawyer could get the sentence down to probation.

Aggravated Assault is a third degree felony with a maximum prison sentence of 5 years and up to a $5,000 fine. This particular crime usually requires a testimony from the victim to be triable in court.

Aggravated Assault Criminal Defense

A criminal defense lawyer is the person you should contact if you have questions like this. Usually if you are in an unfortunate situation where you are being accused of crimes like aggravated assault or aggravated battery, you will have a very difficult time getting out of court without prison time. A criminal defense lawyer can not only explain the legal process to you but he can personally investigate your case and make sure you are represented fairly in court. If you have been charged with a crime, it is important to contact a criminal defense lawyer and have them on your side so that you are not unfairly sentenced in the event of conviction.

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How Can I Avoid Multiple Criminal Charges?

Andrew Stine — Fri, 24 Jun 2011 13:56:06 GMT

Criminal charges can’t be separated by categories because one criminal charge often results in residual charges. A great common example would be when a residence is busted for being a marijuana grow house and then the owner is also charged with weapons possession after weapons are found in the residence. Multiple criminal charges can often result in a very complicated sentence.

Multiple Criminal Charges in Lantana

According to a WPTV News article, Lantana police say they responded to a report of a robbery at the Shell gas station on the 1300 block of Hypoluxo Road, where the caller said he was trying to stop a “combative” man from leaving, after stealing items from the store.

Police officers arrived and had a difficult time restraining Patrick Toole, 34. Toole is charged with robbery, aggravated assault, child neglect and two counts of aggravated battery - one of them on a police officer.

Toole allegedly assaulted a clerk and police officers who tried to stop him from stealing several 12-packs of beer and a jug of apple juice that he stuffed in a child’s stroller. A female clerk tried to stop him and he took a swing at her. The male clerk jumped over the counter to separate the two and Toole hit him in his face and mouth. Toole also hit him with a 12-pack of beer when the clerk was attempting to call 911. According to the report, the clerk said he pushed Toole to the ground but then Toole bit his ear.

According to the article, he also attempted to kick one of the officers, tried kicking the rear window of the squad car and the rear inside door. Police used a hobble on Toole's feet to prevent further incidents, the report stated.

Criminal Defense

If you have ever been charged with aggravated assault, aggravated battery, or both, you need a criminal defense lawyer on your side as soon as possible. It’s crimes like these, with residual charges, that are the most difficult when it comes to a defense strategy. Experienced criminal defense lawyers should be able to get at least most of the charges dropped.

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How Battery Charges can Ruin Your Life

Andrew Stine — Wed, 01 Jun 2011 11:53:26 GMT

A New York man has been accused of battery against a JetBlue flight attendant. He is facing serious criminal charges, according to WPTV News. The article is included below.

The Crime

BOSTON -- A New York man has been arrested at Boston's Logan International Airport after allegedly slapping a male flight attendant on a JetBlue flight from Florida.

Massachusetts State Police say 48-year-old Bryan Garnett, of Utica, N.Y., was taken into custody Tuesday when the flight from West Palm Beach landed about 10:30 a.m.

Garnett is scheduled to be arraigned Tuesday in East Boston District Court on charges of interfering with a flight crew and assault and battery.

The Boston Globe reports that one of its reporters was on the plane. The reporter says a flight attendant asked Garnett to put his bag beneath the seat before the plane took off, but there was no obvious commotion during the flight.

According to Florida Statute 784.03 on battery, the offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other. Or it is also considered battery if a person intentionally causes bodily harm to another person. It is usually a first-degree misdemeanor unless a person has a prior conviction for battery, aggravated battery, or felony battery.

A first-degree misdemeanor can result in a mandatory prison sentence of one year.

Criminal Defense

If you have been charged with battery, you are facing serious criminal charges that will follow you for the rest of your life. If you are convicted, your criminal record will get in the way of several aspects of your life, like applying for a job, or renting a house or an apartment. Speak with a criminal defense lawyer so you have a chance of clearing your criminal record, or even avoiding conviction in the first place. At least call a criminal defense lawyer to understand exactly what consequences you may be facing due to your battery charges.

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