January 19 2017
Most people don’t start the day looking for a fight or trying to get arrested. It just happens.
It is incredible how a silly argument can escalate into a serious felony like aggravated battery or aggravated assault. This often happens in the case of domestic disturbance between relatives or a husband and wife. It also happens all the time in traffic in road rage situations. You have to learn to keep your cool and not let little things provoke you. Does it really matter if someone gets your parking place? Does it really matter if they cut in front of you? There is no winner in most fights. If you hit someone and cause serious injury, you can be arrested for an aggravated battery instead of a simple misdemeanor.
If you use a weapon, a bottle, a tire iron or a rock, the simple battery is elevated to a major charge.
As a criminal defense lawyer I understand how this happens. Many times if a person hires a lawyer before the formal case is charged by the prosecutor, a deal for a lesser crime can be worked out.
Some lawyers adopt a wait and see approach, waiting to see what the State files. I believe it is critical to intervene and have input with the prosecutor before a final decision is made. It can make a huge difference in what the ultimate charge becomes.
You have an absolute right to defend yourself. Just because you have that right does not mean that it is the right thing to do. Self defense may be a defense but avoiding a fight entirely is a better option. Sometimes, you have no choice and have to stand your ground to protect your home or family. Pulling a gun should be an absolute last resort. You don’t want to get charged with aggravated assault with a firearm and end up in prison. What I am saying is that the best way to avoid getting arrested is to keep your cool and defuse the situation where at all possible.
If you get arrested and need good representation, feel free to call. It costs nothing for a free consultation and may put your mind at ease. Call me at 941 366 3506