Domestic Violence and Aggravated Battery Charges in Florida
A suburban West Palm Beach man is facing aggravated battery and child abuse charges after he allegedly struck his children’s mother with a belt and power cord, according to police.
Investigators then went to Andrews’ home, where they found the children’s mother with a bandage on her left ear. The woman, who was not identified, appeared afraid of police and would speak only to the DCF worker.
The woman said Andrews beat her in the back with a belt and a power cord. The woman showed investigators the marks on her back.
As investigators were questioning the woman, Andrews walked into the house with the children. The children stayed with their mother while police questioned Andrews, who admitted to pushing the woman during an argument and then admitted he struck her with a belt and a power cord.
Andrews was arrested Wednesday, and remained in jail Saturday afternoon without bail. Full story, source.
Domestic Violence And Assault Laws
Of all assault-related cases, domestic violence cases are often some of the most difficult—for everyone involved. Not only are you facing criminal penalties that are often harsher than those for a basic assault offense, you also have to deal with the unrest in your personal life, the damage to relationships, and long-term repercussions that charges like these carry.
Domestic assault laws vary widely from state to state. In some states, they are treated virtually the same as regular assault crimes, with similar penalties and the additional potential for a protective order being issued. However, in other states, the penalties for assaulting a family member or loved one are increased simply because of the nature of your relationship.
And it is surprisingly easy to be accused of a domestic charge, particularly if you are involved with an unstable person, and defending yourself. If you are a man, and there is a fight with a woman, the police are very likely to arrest you based on any evidence of a fight and what she says.
Consulting with a local attorney will help you understand the unique differences in domestic assault charges in your particular state.
In most states, a domestic relationship includes those people in your immediate family, as well as anyone you might be living with. You could be facing these charges if you are accused of assaulting:
- Spouse or ex-spouse
- Someone you share a child with
- Child or step-child
- Parent or step-parent
- Brother or sister
- Aunt or uncle
- Grandparent or grandchild
- Roommate or ex-roommate
In some states, the domestic violence laws apply to people you have a romantic relationship with. In others, this is only true if you share a child or a home with that person (source).
In many domestic violence cases, the police are able to make an immediate arrest when they are called out. This means if your spouse calls the police and alleges an assault, they can come and arrest you if there is any physical evidence that such an assault took place. Bruising, red marks, and lacerations would justify your arrest. Regardless of how they might have gotten there, or who initiated any fight.
Essentially, the police have a requirement to take action and potentially prevent further abuse or violence based on any thin evidence or a past or continuing threat. (source)
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) 832-1170. Se habla español.