Battery, Aggravated Battery, Aggravated Assault, Domestic Violence

The Government is building it's case against you right now! Even when the alleged victim wants to drop the charges; the government still wants its pound of flesh. Remember the prosecutor, the judge, and the police do not care about you or the victim; they only care about convictions, jail time, money, job promotions, and votes. Right now is the time to call your attorney. Nathan Dougherty will be happy to discuss your case with you.
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STAND YOUR GROUND

Florida has a very defense friendly Stand Your Ground statute that operates as a motion to dismiss in which the State has the burden to prove by Clear and Convincing evidence that the defendant was not standing his / her ground. A Stand Your Ground motion is argued to a Judge and if the State does not meet its burden, the defendant is immune from prosecution.  Self-defense can also be argued at trial to a jury.

ASSAULTS

2nd degree Misdemeanor Assault punishable by a max of 60 days in the County Jail-

Happens when a person intentionally and unlawfully threatens by word or act to do violence to another, coupled with the present ability to do so.

3rd degree Felony Aggravated Assault punishable by a maximum of 5 years in State Prison –

Happens when an assault is committed with a deadly weapon.

BATTERIES

Misdemeanor Battery punishable by 364 days in County Jail –

Happens when there is an unwanted intentional touching. Anything from a poke to a kick is a battery.  A battery can be committed by touching something that is touching someone else like a coat, a cane, a purse, or anything that someone is holding. Self-Defense is a defense to battery whether the primary aggressor is a male or female.  Consent is also a defense to battery, and mutual combat is also defense to battery although it is

3rd degree Felony Battery 2nd offense or more punishable by up to 5 years in State Prison – 

Can become a felony if the defendant has been convicted of a prior misdemeanor battery

3rd degree Felony Battery punishable by up to 5 years in State Prison –

Happens when a battery is committed and the battery causes great bodily harm, permanent disability, or permanent disfigurement. Or if a person commits a Battery by Strangulation if the person knowingly, intentionally, and against the will of the other person impedes the normal breathing or circulation of the blood of a family or household member. 

2nd degree Felony Aggravated Battery punishable by up to 15 years in State Prison-

Happens when you use a deadly weapon to commit the battery. Aggravated Battery can occur if the person knew or should have known that the victim was pregnant at the time of the battery.  When a firearm is the weapon the aggravated battery now triggers the 10/20/Life Statute. If possession of a firearm minimum 10 years, discharge of firearm is a minimum of 20 years, and if someone is injured or killed the minimum the minimum is 25 and the maximum is Life.

A Couple fun facts:

When any battery is committed during a burglary of a conveyance, structure, or dwelling, the crime can then become a Life Felony.

A Homicide is when a battery causes the death of another

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