Crimes Of Assault And Battery
A judge has set a tentative trial date for the case against former tennis star Jennifer Capriati to be heard on Dec. 17.
Capriati, who is charged with battery and stalking her ex-boyfriend in February, did not attend the brief hearing.
Her attorney, Richard Lubin, was there and asked Judge August Bonavita for permission to depose the prosecution’s witnesses in the case.
Capriati was charged in March with stalking and battery stemming from an alleged Valentine’s Day altercation with her ex-boyfriend at a North Palm Beach gym.
The battery charge is connected to a Feb. 14 incident in which Capriati, 36, allegedly punched Ivan D. Brannan Jr. of Singer Island, at the Oxygen Health & Fitness Gym on U.S. 1. She began screaming at Brannan, then stuck her finger in his chest when he was trying to walk away, according to a police report. A witness reported seeing Capriati punch Brannan’s chest four times with a closed fist. Source, full details
An assault and battery charge is a legal charge brought against someone accusing that person of both threatening to and committing physical violence on another individual. This is typically a criminal charge, and will often be brought against a person by a state or similar legal authority. It can potentially be coupled with other charges as well, depending on the type of crime someone is accused of committing, such as assault, rape, murder, or similar crimes.
The crime of battery is the intentional touching of another in an angry manner, or the intentional use of force or violence against another. Grabbing someone’s arm, pushing or punching a person or striking a victim with an object all are crimes of battery.
When Is a Crime a Felony, Assault or Battery?
Simple assault or battery is the least serious form of assault or battery, usually involves minor injury or a limited threat of violence, and is a misdemeanor. Felony assault or battery (also referred to in some states as aggravated assault or battery) involves circumstances that make the crime more serious, as when the victim is threatened with or experiences significant violence amounting to substantially more than a minor slap across the face or a punch in the jaw.
Examples of felony assault or battery include:
- striking or threatening to strike a person with a weapon or dangerous object
- shooting a person with a gun or threatening to kill someone while pointing a gun at the victim
- assault or battery with the intent to commit another felony crime such as robbery or rape
- assault or battery resulting in serious physical injury, including permanent disfigurement
- assault (threat of violence) while concealing one’s identity, and
- assault or battery against a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person. Source
If You are Accused of Assault and Battery
- It could be on your record for life
- Probation or parole
- Anger management classes
- Significant fines
- Loss of the right to possess firearms
West Palm Beach Aggravated Battery Defense Attorney
At the law firm of Andrew D. Stine, P.A., in West Palm Beach, Florida, we represent people charged with aggravated battery and assault. Circumstances leading to this charge include assault or battery involving:
- Victims over the age 64
- Victims under the age of 18
- Severe injuries, such as broken bones, serious scars, or disfigurement
If you were charged with aggravated battery, it is important to contact a lawyer that understands the seriousness of the charge and knows how to defend against it. At Andrew D. Stine, P.A., we have extensive experience representing people charged with aggravated assault and battery. Our defense team reviews the evidence and conducts private investigations in order to find holes in the prosecution’s case.
In Florida criminal law, a motive to hurt another individual is a major factor in the prosecution’s case. If you had no motive to seriously injure another person, the charges can be reduced or dropped. Attorney Andrew Stine has handled many aggravated battery and assault cases. He can often identify the true motive behind the charge, including lying to win a child custody battle or property dispute.
Reducing the Consequences of Aggravated Battery
Aggravated battery charges result in serious penalties, including a mandatory minimum prison sentence of three years for pointing a gun at someone. If the gun is fired, the minimum sentence is 20 years. If the victim dies, our clients face life in prison.
We encourage our clients to immediately complete community service hours, enter a gun safety course and write a letter of apology to the victim. By being proactive, show the prosecution your true character and work with them to reduce some of the consequences.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at 561.880.4300. Se habla español.