Domestic Battery Arrests on the rise in Sarasota

Sarasota and Bradenton Criminal Defense Attorney Peter D Aiken 941-366-3506 Representing the Florida Accused

May 20 2020

The Covid “stay at home” social distancing directive has had collateral consequencesSince people cannot drink at bars, they are drinking at home with their spouses.  Husbands and wives being in a confined space, coupled with economic chaos has created a situation where if you ad alcohol, an explosive situation can result.  Tempers are running short.  Stress it high.  Unemployment and poverty is creating marital stress and discord.  The net result is an increase in simple domestic battery arrests.

A domestic battery arrest has horrific consequences.  For starters, some poor guy now has to bond out, if he is lucky enough to have any money at all.  Then, most times, the judge at first appearance will have set a “no contact order”, keeping the person arrested from returning home.  In these Covid times, most people cannot afford one place to live, much less two.

As a criminal defense lawyer handling these types of family battery cases, my goal is the get the charges reduced or dropped and even more importantly, heal the family relationship.  The first step is getting the “no contact” order set aside.  This is not easy because the Courts are only handling emergency matters.  It is difficult but not impossible.  The next step is to try and convince the prosecutor to drop or reduce the charge and to get all of this done in a timely manner.  If you are under a no contact order, every day counts.

A domestic violence conviction has dire consequences It affects your right to buy a firearm.  It can land you in County jail for a few days.  It can come back to haunt you if you ever have another legal problem.  Getting mattes like this resolved quickly should be a priority.  Sometimes the charge is even more serious if someone was hurt or a weapon like a knife or gun was involved.  Sometimes the State charges “battery by strangulation” and most of the time that sounds much more serious than what really happened.

It costs nothing to initially speak with most lawyers, including me.  I know times are tough economically but hiring a good private lawyer can make a huge difference in the outcome of your case.  Everyone need to know their options when it comes to a criminal case.

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No one wins in a fight

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We live in a violent society. Tempers are often short and the slightest thing can lead to confrontation. A simple push or shove can escalate into something really serious. As a Sarasota criminal defense lawyer, I have often seen people end up getting arrested and sometimes going to prison over something really stupid. Typically, alcohol or some other problem is at the root of a battery arrest.
Bar fights at spring break are common.

Most of the time the charge is simple battery.

That is a misdemeanor and punishable by county jail for up to one year. Most of the time simple battery cases can be resolved with pre- trial intervention or a plea to disorderly conduct. Simple battery can be something as simple as a poke, a shove or a punch. A nonconsensual kiss can be a battery or a slap on the butt can get you arrested.

 
If someone is seriously injured as a result of the incident, the charge can be elevated to aggravated battery.

For example if the punch breaks a jaw, causes scarring, knocks out teeth or causes a concussion, it becomes a felony. If serious bodily injury occurs, the aggressor can end up in State prison if the case is not handled right. Aggravated battery can also be charged if a weapon is used. A bottle, a club, a knife or brass knuckles will get you an aggravated battery charge. There is no winner in a fight. Usually, the loser goes to the hospital and the winner goes to jail. Keep your temper. Ignore other people’s words and only fight in self defense. There is an old saying. “Never argue with an idiot; people watching can’t tell which one is the idiot”. As a Sarasota and Bradenton criminal defense lawyer, I strongly suggest you make no statements and consult an attorney immediately if charged with any form of battery.

Sexual battery can be determined to be rape.

Sexual battery is an unwanted form of contact with an intimate part of the body that is made for purposes of sexual arousal, sexual gratification or sexual abuse. Sexual battery may occur whether the victim is clothed or not. It is a crime, which varies by state laws, so local laws should be consulted. Some of the charges can include rape, indecent assault, and sodomy

As a Florida Criminal Defense attorney, Commonly the sexual battery charge stems from domestic relations where troubled relationship issues accelerates into misunderstandings where authorities become involved.

The most common arrest is in the context of a domestic violence charge.

This is usually between a husband and wife, boyfriend and girlfriend or brothers and sister. Sometimes it is roommates. These arrests usually are accompanied by restraining orders called no contact orders and require appearances in two separate Courts. The important thing in life it to learn that violence rarely is the answer. Road rage ends badly. No one wins. Never display a weapon or point a gun at anybody. Do not throw anything at another vehicle and never try and make someone pull over. As an experienced criminal defense attorney, I see that the many variations of battery charges after an arrest become a part of your personal resume when pursuing employment and rental housing. A person’s best weapon is their brain. Use it wisely.
If you are reading this too late and you have been arrested in Sarasota or Manatee County you can call for a free consultation at 941 366 3506.