Police say that an episode of road rage escalated into criminal charges in Indian River County. They say that one driver punched and spit on another driver. They say the assault was the culmination of a series of tense exchanges between the drivers. Police say that they made the arrest in the man’s own driveway.
The man faces two counts of battery for his actions. They say that the charges are enhanced because the victim is over the age of 65. The defendant also faces charges of criminal mischief.
Having an arrest is not the same thing as a conviction. The police are not the party that decides if a person is innocent or guilty. An Indian River criminal lawyer can ensure that a defendant exercises their rights. The state prosecutor must prove the charges against the defendant. A Indian River battery lawyer can assist a defendant with interviewing witnesses and challenging the police report.
Police say that one man began honking their horn at the other man on the road. They say that the men were stopped at an intersection at the same time which increased the tension between the two. Later, one of the men got out of their vehicle. They walked up to the other vehicle and spit in the man’s face. The offender also allegedly kicked the driver’s side door and punched the victim three times in the face. Police say that the victim sustained injury.
Assault in the State of Florida is a second-degree misdemeanor. Battery is a first-degree misdemeanor. However, when the victim is elderly, the charges may be elevated to a felony. The court has the discretion to fashion the appropriate sentence based on all of the circumstances. A Indian River battery lawyer can help the defendant prepare for every stage in the case.
If the defendant demands a trial, the state must produce evidence of each element of the offense. They must prove that an offensive or harmful touching occurred. They must also show that the battery occurred intentionally. If the prosecutor cannot prove all of the elements to the jury’s satisfaction, the defendant may be found not guilty. If the person is found not guilty, they do not receive any sentence from the court. The charges are simply dismissed.
If you’re facing an assault and battery charge, you have rights. An Indian River criminal lawyer can help you exert your rights. If you or someone you know have been in a similar legal situation contact The Law Office of Jeffrey H. Garland, P.A. at 772.489.2200.