Other than a DUI, an arrest for a domestic battery is one of the most common charges.
Many times this arrest is the result of drinking. People who normally get along fine may find themselves in the middle of an argument that gets out of hand. A neighbor or relative calls 911, and before you know it, police are knocking at the door. Sadly, if a deputy sheriff or uniformed police officer is dispatched, chances are somebody is going to be taken to jail. People think that the police will simply come out and calm things down but that is not what happens. Many times the police will find some excuse to take one of the parties away. They are afraid that if they leave without arresting someone, the argument may get violent after they leave.
An arrest for simple battery can wreck a family.
The Court will enter a no contact order and often the bread winner is forced to move out of the house. Most families cannot afford to maintain two houses or apartments and the extra cost sets the family back for months. There are cases where a woman is subjected to repeat violence, but most of the time, the situation is an isolated occurrence. Sometimes, a call to 911 is made because a family member is acting bizarre. It may be a medical condition, a reaction to medication, suicidal thoughts or some other cause like a bi-polar condition. Diabetes (low blood sugar) can cause a person to be aggressive and belligerent and often the police do not recognize the medical issue and simply make an arrest. There have been reported cases of people reacting to Ambien is bizarre ways and getting arrested. The 911 call should only be made if the situation is serious and someone is likely to get hurt or injured. I have even seen cases where kids get their parents arrested for battery out of spite.
If a battery results in serious injury or some type of weapon is used, the charge can be increased to “aggravated battery”, a second degree felony.
Many times the person charged is not the person who started the fight and self defense may be an issue. Road rage can also result in a battery or aggravated battery charge. Keep you cool on the road and do not let something silly or unimportant provoke you into doing something stupid. As a criminal defense lawyer, my goal is to help the family heal and get through the process at the least cost and inconvenience. If you want to talk, call 941 366 3506 for a free consultation