Articles Posted in Battery

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Criminal defendants in Florida have the constitutional right to be apprised of the charges against them with sufficient specificity to prepare a defense. This right extends not only to the charged offense but also to any lesser-included offenses that may be presented to the jury; if such rights are violated, there may be grounds for vacating any subsequent conviction. A recent Florida ruling illustrates the consequences of failing to adhere to this bedrock principle of due process, as the court reversed a conviction for aggravated battery, finding that the charging document failed to allege all of the statutory elements necessary to support the jury’s verdict. If you are accused of battery or another violent crime, it is smart to meet with a Sarasota violent crime defense attorney to assess your options.

Factual and Procedural Background

It is alleged that the defendant engaged in a violent confrontation that culminated in an attempted stabbing of the victim. The State charged the defendant by amended information with attempted second-degree murder but did not specify that a deadly weapon was used. The charging document merely stated that the defendant attempted to kill the victim “by stabbing” without alleging the use of a knife or any object likely to produce death or great bodily harm.

It is alleged that during the charge conference, the State requested jury instructions not only on the charged offense of attempted second-degree murder but also on the lesser-included offenses of attempted manslaughter and aggravated battery with a deadly weapon under section 784.045(1)(a)(2), Florida Statutes. The trial court agreed and gave the requested instructions, though it did not include aggravated battery based on great bodily harm under subsection (1)(a)(1). Continue Reading ›

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People charged with serious violent crimes often fear that they will be found guilty and sentenced to serve a lengthy term in prison, especially if they have prior convictions. There are limitations as to what sentences the courts can impose, however, and if they deviate from the sentencing scheme without just cause, there may be grounds for objecting to the sentence, as demonstrated in a recent Florida case in which the defendant was convicted of attempted manslaughter and felony battery. If you are faced with accusations that you committed a violent crime, it is critical to speak to a Sarasota violent crime defense lawyer as soon as possible.

History of the Case

It is reported that the defendant was charged with attempted first-degree murder with a weapon and aggravated battery with a weapon. She was subsequently convicted of attempted manslaughter with a weapon, which was a lesser included offense of the murder charge, and felony battery, which was a lesser included offense of the battery crime. Following her sentencing, she appealed both her convictions and her sentence.

Grounds for Revising Sentences

On appeal, the defendant set forth numerous arguments. The court rejected the defendant’s first five arguments, affirming her convictions without discussion. The court then addressed the two remaining arguments the defendant asserted contesting her sentences.

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Multiple acts of battery may be deemed a single criminal offense, or each act may be charged separately. However, regardless of how battery crimes are charged, the State must prove each element of the offense to get a conviction, which necessitates properly advising the jury on how to examine the evidence provided at trial. This was addressed in a recent Florida decision that looked at what constituted a proper jury instruction in a battery case. If you’ve been charged with battery, it’s a good idea to speak with an experienced Florida criminal defense lawyer about your options.

The Battery Allegations

According to reports, the defendant and the victim, who was his ex-girlfriend, had a verbal altercation. During the disagreement, the defendant snatched a lit cigarette from the victim’s hand, shoved her, and pushed her. With two or more battery convictions, he was charged with battery. During the trial, the defendant’s attorney objected to the verdict form since it did not differentiate between each act, and he said that a unanimous verdict was not required. The objection was overruled by the court, which determined that there was a continuous series of occurrences with no intervening actions. The defendant was found guilty and filed an appeal.

Charges in Florida Battery Cases

A trial court’s employment of a generic verdict form that does not assure a unanimous verdict is a reversible error, the court argued on appeal. A jury cannot condemn a person if a single count encompasses numerous independent offenses, even if they all violate the same statute. A jury must reach a unanimous decision on at least one of the acts described. The defendant in this case claimed that the trial court erred by allowing the jury to deliberate on three different incidents of battery although he was only charged with one.

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