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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.