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Tag Archives: assault

Aggravated Assault is Often Alcohol Induced

Aggravated Assault is Often Alcohol Induced

More often than not, domestic disputes and aggravataed 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… […]

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

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

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… […]

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Admitting Guilt to Aggravated Assault and Armed Robbery with a Firearm

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… […]

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Riviera Beach Officer Commits Assault and Battery

Riviera Beach Officer Commits Assault and Battery

According to WPTV News, a Riviera Beach Police officer has been charged with assault, battery and improper exhibition of a dangerous weapon or firearm, for pushing a 12-year-old boy and pulling out her Taser on him. When Palm Beach County Sheriff’s deputies arrived at Kelsey Park in Lake Park on July 12, they learned that Cherline Cornelius, 31 was being accused of allegedly pushing the boy and pulling out her Taser on him, after the boy pushed a girl, according to WPTV News. According to WPTV News, investigations revealed that the boy had a brief scuffle with a 9-year-old girl. A camp counselor of the program then pulled the boy aside and explained that he was not to push the girl again. At some point, Cornelius spoke to the boy… […]

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What is Stabbing in Criminal Law?

What is Stabbing in Criminal Law?

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 with theft 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… […]

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Is Aggravated Assault a Felony?

Is Aggravated Assault a Felony?

A West Palm Beach woman was arrested Monday after shooting her husband multiple times with a BB gun at a friends home. She called the police herself after an argument with her husband following the shooting. Spousal Aggravated Assault According to the Palm Beach Post, Darlene M. Garcia, 37 was arrested by Palm Beach County Sheriff’s deputies for allegedly shooting her husband in the face and body with a CO2 BB gun and stealing his clothes. She was charged with aggravated assault, burglary, and resisting an officer. Around 7 a.m. Monday, while her husband was at a friend’s house, Garcia entered the home and opened fire on her husband, according to the post. Her husband returned home and he and Garcia began arguing. She then called the police to their… […]

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How Can I Avoid Multiple Criminal Charges?

How Can I Avoid Multiple Criminal Charges?

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… […]

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How Does Claiming Self Defense Work?

How Does Claiming Self Defense Work?

A man claimed self-defense after stabbing another man with a pair of scissors during a haircut on Tuesday. Claiming self-defense can work only in cases where you can prove that there was an immediate threat to your person in that situation. According to an article in WPTV News, a man was getting a haircut at an apartment in Stamford, Conn., when he grabbed scissors and slashed another man in the back. The man, David Davis, 21 was arrested soon afterward. Officers with a police dog found him in a nearby apartment. The mug shot clearly shows he had not finished his haircut before fleeing the scene. According to the article, authorities say the victim approached Davis in what Davis called “an aggressive manner.” Davis told investigators he picked up the… […]

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Assault and Battery in West Palm Beach

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. Assault – An intentional, unlawful threat to cause bodily injury to another by force. An assault can be completed even if there is no actual contact with a plaintiff, and even if the defendant had no actual ability to carry out the threat. For example – a defendant who points a realistic toy gun at a plaintiff may be liable for assault – even if he was 20 feet away and had no ability… […]

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