Articles Posted in Assault and Battery

Recently in Colorado, a viral video captured parents engaging in a brawl by choking, shoving, and throwing punches at each other. The viral video depicts an adult choking another, followed by several others rushing toward the fence where the initial conflict began. All of this occurred at an elementary school among 7-year-old children participating in a youth baseball game. The fights are alleged to stem from a call made by the umpire who is only 13 years of age. This brawl resulted in several injuries, citations for disorderly conduct and fighting in public, and ongoing investigations for several parents involved.

In Florida, a brawl of this nature is likely to lead to battery charges. Florida law defines battery as actually and intentionally touching or striking another person against their will or intentionally causing bodily harm to another person. A battery charge is a misdemeanor of the first-degree and a person convicted of such charge can be sentenced up to one-year imprisonment and imposed fines. If a parent involved in a brawl as portrayed in the video has prior battery or aggravated battery convictions, the battery charge can be increased to a felony battery. Felony battery is a third-degree crime. Conviction of such a crime can result in up to five years imprisonment and imposed fines.

In addition to the battery, a person participating in a brawl at a sporting event may receive assault or disorderly conduct charges. Assault is defined by Florida law as an intentional, unlawful threat by word or act to do violence to the person of another, with the apparent ability to do so, and creates a well-founded fear in such other person that violence is imminent. Disorderly conduct is defined by Florida law as acts that corrupt public morals, outrage the sense of public decency, or affect the peace and quiet of persons who may witness them or engage in brawling or fighting. A conviction of assault or disorderly conduct is considered second-degree misdemeanors which can carry up to sixty days in jail and fines.

I was arrested for battery after an altercation I was involved in and assumed I would be charged with a misdemeanor offense but later learned that I was charged with felony battery. What are the different types of battery and why was I charged with a more serious offense than I initially thought I would be facing?

Under Florida law, there are several different types of battery charges. Battery is defined under Florida law as actually and intentionally touching or striking another person against their will or intentionally causing bodily harm to another person. Battery is a first-degree misdemeanor punishable by up to one year imprisonment and fines.

Battery charges can be elevated to felony battery if the accused person already has a prior conviction for battery, aggravated battery, or felony battery. Generally, a prior offense is only considered a conviction if the defendant was adjudicated guilty of that offense, but under the Florida felony battery statute, any determination of guilt that is the result of a plea agreement or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered, will be considered a conviction. Felony battery is a third-degree felony punishable by up to five years of incarceration and fines. With the increase in severity of the charge from a misdemeanor to a felony, the accused will also face losing constitutional rights upon a conviction, a greater possibility the alleged crime will interfere with current or future employment, and the more negative stigma often associated with felonies.

I was just involved in an argument with my significant other. Things got out of control, and she is accusing me of hitting her.clenching fist

What can I expect to happen next?

The term domestic violence encompasses many things, including any assault, battery, battery by strangulation, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Once law enforcement has been contacted, a police report will be filed. The decision as to whether criminal charges will be filed against you is made by a state attorney. The victim of the crime cannot decide whether to file or drop criminal charges against someone, although a victim may make a report with the state attorney to request that charges be filed. If criminal charges are filed, a no contact order will most likely be put into place, restricting or prohibiting contact between the alleged offender and victim. Victims of domestic violence may also file a petition for a protective injunction, which can include provisions requiring the abuser refrain from further acts of abuse, requiring the abuser to leave the household, preventing the abuser from entering the victim’s residence, school, business, or place of employment, award custody of minor children, and direct the abuser to pay support to the victim and minor children if the abuser has a legal obligation to do so. It is important to always comply with court orders, including no contact orders and protective injunctions. Continue reading

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I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECCOMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink
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