assault

Investigator in Trayvon Martin Case Wanted Zimmerman Arrested at the Scene

Andrew Stine — Wed, 28 Mar 2012 15:53:44 GMT

The shooting of Trayvon Martin has been floodlighted with media attention with rallies happening in cities from coast to coast and Martin's parents appearing at Capitol Hill. There has been much controversy and debate over the case where experts are questioning the defense of "self-defense," or the stand your ground law. At the end of the day however, an unarmed 17-year-old boy was shot dead by the neighborhood watch crime captain. The debate over the case is likely to escalate as tension increases and supporters demand the arrest of George Zimmerman.

What is Stand Your Ground Law?

Florida Statute 776.032 states: “A person who uses force is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer...” The Stand Your Ground Law is there to justify the use of force or a firearm if there is a reasonable fear of imminent danger. In order for Zimmerman to use this as a defense, he needs to prove that he immediately believed he was in danger of being harmed.

However, even some law enforcement officers don't believe his recount of the events that occurred.

According to ABC News, the lead homicide investigator in the shooting recommended that Zimmerman be charged with manslaughter the night of the shooting, multiple sources told ABC News. However, Sanford, Fla., Investigator Chris Serino was instructed to not press charges against Zimmerman because the state attorney's office headed by Norman Wolfinger determined there wasn't enough evidence to lead to a conviction, according to ABC News.

Police brought Zimmerman into the station for questioning for a few hours on the night of the shooting, said Zimmerman's attorney, despite his request for medical attention first. Ultimately they had to accept Zimmerman's claim of self defense. He was never charged with a crime.

Serino filed an affidavit on Feb. 26, the night that Martin was shot and killed by Zimmerman, that stated he was unconvinced Zimmerman's version of events.

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Aggravated Assault is Often Alcohol Induced

Andrew Stine — Wed, 21 Mar 2012 16:17:21 GMT

More often than not, domestic disputes and aggravated assault cases between family members involve alcohol abuse. Abusing your alcohol tolerance can lead to several poor decisions, even decisions that can land you in jail. Even if you have consumed only one drink of alcohol, your judgment is already impaired even if it seems clear as day at the time, according to Florida Traffic School. Even one drink affects your biological processes enough that it can cause you to make poor decisions you could regret, including harming people you care about.

Alcohol Induced Aggravated Assault in St. Lucie County

Joseph Warren Hill, 54, was arrested Monday and charged with aggravated assault with a deadly weapon, a felony. Hill picked up his son and his son's girlfriend to give them a ride home. The girlfriend believed Hill was drunk after he began getting "vulgar and verbally abusive," according to an article in WPTV News.

Hill asked his son's girlfriend for gas money when they got home, and she told her boyfriend to give Hill $3 for fuel, but he refused. The girlfriend said Hill and his son argued, with Hill getting a gun from the truck. The girlfriend said she called 911 and Hill drove off in the truck.

Investigators went to Hill's home in the 200 block of Euclid Street. Hill said all his guns were in storage in Titusville, but a deputy found a loaded .25 caliber pistol hidden in a KFC chicken bucket in the bedroom.

Hill said he's afraid of his son and feared for his life. He denied pulling a gun from his truck. He said he's been in "armed security" for about 17 years and was afraid of being beaten up by his son.

Aggravated Assault with a Deadly Weapon

Aggravated assault itself is a serious crime. When a deadly weapon is used, or even pointed at someone, the prison time and fines increase dramatically. If you have been arrested and accused of aggravated assault with a deadly weapon, you are going to need the serious and skilled assets a criminal defense lawyer can provide. It is important to have your side of the story represented by a professional in any case. Contact a criminal defense lawyer today.

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What is the Difference Between Assault, Battery, and Domestic Violence?

Andrew Stine — Mon, 20 Feb 2012 15:20:59 GMT

In the state of Florida, Florida’s Assault and Battery Law supplements domestic violence law. The difference is significant however because even though assault and battery are very specific in the crimes they cover, domestic violence is a specialized form of both in that the penalties are even more severe and the consequences are much more serious.

Assault, Battery, and Domestic Violence

Assault

As defined by Florida Statute 784.011: an intentional, unlawful threat by word or act to do violence to the person of another coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that violence is imminent. A person who commits assault is guilty of a misdemeanor of the second degree.

In simpler terms, if a person attempts to punch another person with his fist and misses, it is an assault.

Aggravated Assault

As defined by Florida Statute 784.021: aggravated assault is an assault with a deadly weapon without intent to kill; or with intent to commit a felony. A person who commits aggravated assault is guilty of a felony of the third degree.

For example, a person who points a gun at someone and threatens to shoot but refrains from shooting is committing aggravated assault.

Battery

According to Florida Statute 784.03: battery is defined as actually and intentionally touching or striking another person against his or her will; or intentionally causing bodily harm to another. A person who commits battery is guilty of a first-degree misdemeanor.

So the difference between assault and battery is that if the person who is threatening to punch another person actually strikes the person, it is now battery and not assault.

Aggravated Battery

Aggravated battery according to Florida Statute: 784.045 is when a person commits battery and uses a deadly weapon. So in our scenario we have been using, if the person who points a gun at another actually fires and injures the victim, it is aggravated battery (not assault or aggravated assault).

Domestic Violence

According to Florida law, domestic violence means any assault or battery, aggravated assault or battery, sexual assault or 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.

Domestic violence is under the umbrella of each of these 4 statutes but the difference is the severity in the penalties. Either the prison sentence is longer, or the restrictions after release are more severe, or some other situation that the judge deems necessary.

Criminal Defense

In any case, if you have been accused of committing domestic violence, you need assistance in understanding exactly what kind of sentence you could be looking at if convicted. It is important to contact a criminal defense lawyer immediately after your arrest. A criminal defense lawyer may be able to intervene and help you salvage the case by having you enroll in an anger management program or a violence prevention program. Contact a West Palm Beach criminal defense lawyer and learn more about your rights.

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Admitting Guilt to Aggravated Assault and Armed Robbery with a Firearm

Andrew Stine — Mon, 09 Jan 2012 16:50:36 GMT

Many people have been following the case of the death of beloved grocery store owner Jimmy McMillan in Belle Glade. The 19-year-old accused of robbing, shooting, and killing McMillan confessed to his crimes Saturday. After appearing before the Judge briefly he is being held without bond and could possibly be facing the death penalty for aggravated assault with a firearm, armed robbery with a firearm, and first-degree murder with a firearm.

Aggravated assault charges can be extremely serious in the state of Florida, particularly if they involve a firearm. Aggravated assault involving pointing a gun at someone can result in a mandatory minimum prison sentence of three years. If the gun is fired, the minimum prison sentence changes to 20 years. If the victim of the aggravated assault with a firearm dies, the defendant may be facing life in prison.

Without the help of a criminal defense lawyer, the defendant will most certainly be convicted and be forced to serve the most serious penalties. A criminal defense lawyer can help that defendant reduce the sentence if possible. A defendant can do things to help themselves such as immediately complete community service hours, enter a gun safety course, and write a letter of apology to the victim.

Belle Glade Aggravated Assault with a Firearm

A young man in Belle Glade may not be able to do much about his situation however. Corey Graham Jr. told his father that he was responsible for the "robbing, shooting and killing" of McMillan, 49, in the early hours of Jan. 2, according to a probable-cause affidavit released by the sheriff's office this afternoon. authorities sewed together surveillance footage and a steady stream of tips from area residents, prompting detectives to pursue him, the Palm Beach County Sheriff's Office said today, according to the Palm Beach Post.

Graham was charged late Saturday with first-degree murder with a firearm, aggravated assault with a firearm and armed robbery with a firearm. He could receive the death penalty. Graham had no prior arrest record. He attended Palm Beach State College this past fall but is not enrolled as a student there this semester, Grace Truman, the school's director of college relations and marketing, said today, according to the Palm Beach Post.

Firearm Criminal Defense

If you have been accused of aggravated assault with a firearm, contact a criminal defense lawyer immediately. There are proactive actions you can take to avoid an extremely serious sentence if convicted, but a lawyer will do everything in his or her power to make sure your story is represented fairly and thoroughly.

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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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What is the Sentence for Crimes Against Elderly People?

Andrew Stine — Mon, 05 Sep 2011 14:24:23 GMT

Crimes against elderly people often go unreported because the victim’s rarely contact authorities themselves. Usually, a witness or friend recognize something odd occurring and report the discrepancies to the authorities. Crimes against elderly people usually encompass fraud, burglary, theft, or any money-related crime. One Tequesta woman, 65, was young and nimble enough to escape a serious assault on her life.

Assault on a Person 65 or Older

According to WTPV News, a 33-year-old Tequesta woman with bipolar disorder was arrested on charges of assault on a person 65 years or older and committed for an involuntary mental health exam after she tried to kill her mother with a knife Saturday morning.

According to a police report, Amy Kuryla swung a knife under her mother's chin saying, "You are going to die" and "You are always controlling my life."

Kuryla's mother, 65, was able to get the knife away from her daughter and hold her down, but Kuryla became violent again. The mother ran from the home and called police, according to the police report. Kuryla's mother told police that her daughter has bipolar disorder and has been "very unstable for a week," the report said.

In a hearing at the Palm Beach County Detention Center this morning, Palm Beach County Judge Janis Brustares Keyser set bond at $5,000 for each count of assault and ordered Kuryla to have no contact with her mother.

Criminal Defense

People 65 years or older are protected by the law. Assault is a serious crime to begin with but when a person is accused of assaulting someone over the age of 65, the consequences are even more severe. Aggravated assault upon a person over 65 is a second-degree (it can also be first-degree) misdemeanor punishable by a minimum of 3 years in prison and a fine of up to $10,000 in addition to 500 hours of community service. If you have been accused of assault upon an elderly person, you need a criminal defense lawyer’s help. A criminal defense lawyer may be able to lower your sentence if at all possible.

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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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