Help from a Port St Lucie Aggravated Battery Attorney
Aggravated assault and aggravated battery charges are treated seriously in Florida. People who are convicted of these types of offenses can face lengthy prison sentences and stiff fines. They will also have felonies on their records and face collateral consequences long after their sentences have been discharged. People who are facing Port St Lucie aggravated battery charges should retain an experienced criminal defense lawyer as soon as possible after their arrests. Port St Lucie criminal attorney Jeffrey H. Garland, Esq. has successfully defended many clients against serious felony allegations since 1980. Recently, a Port St. Lucie man was arrested on multiple counts of aggravated battery and aggravated assault for an alleged bar brawl involving an alleged motorcycle gang.
7th Man Arrested in Alleged Early May Assault
According to law enforcement officials with the Escambia County Sheriff’s Office, a 27-year-old Port St. Lucie man was arrested on June 19 for an assault that occurred on May 7. Previously, six other men had already been arrested and charged in the incident that happened at a bar in Century. The victim of the assault was hospitalized.
Six men had previously been arrested on May 7. The man who was arrested on June 19 had a warrant out for his arrest for the incident and turned himself in. Sheriff’s department officials allege that the seven men were members of a motorcycle gang that attacked the victim in a bar brawl. The 27-year-old man allegedly threatened to kill the victim if he reported the incident to law enforcement and pointed a pistol at the victim’s eye while threatening him. The victim also reported that the 27-year-old man choked him after grabbing his throat until the victim lost consciousness. The 27-year-old then reportedly kicked the victim before he walked away.
The 27-year-old man is facing multiple charges, including two counts of aggravated battery, one count of aggravated assault, and one count of obstructing justice. He is being held in the Escambia County Jail in lieu of a $350,000 bond. The sheriff’s office released video surveillance that purportedly showed the assault and stated that the video confirmed what the victim had reported to the police.
Aggravated Battery and Aggravated Assault Charges in Florida
Aggravated battery and aggravated assault charges are extremely serious in Florida. Under § 784.045, Fla. Stat. (2021), a person can be charged with aggravated battery if they intentionally cause the victim of a battery to suffer great bodily harm, permanent disfigurement, or permanently disabling injuries or if they use a deadly weapon during the battery. In the 27-year-old man’s case, he allegedly used a pistol while committing battery and also choked the victim until he lost consciousness. Aggravated battery is a second-degree felony in Florida that is punishable by up to 15 years in prison and a $10,000 fine.
An aggravated assault occurs when a person threatens another person with violence in such a way that the victim fears that the violent act is imminent while using a deadly weapon without the intent to kill the victim or with the intent to commit a felony under § 784.021, Fla. Stat. (2021). Aggravated assault is a third-degree felony that is punishable by up to five years and a $5,000 fine.
Defenses to Aggravated Battery and Aggravated Assault Charges
While aggravated battery and assault charges are serious, it is still possible to vigorously defend against these types of allegations. The defenses that might be appropriate will depend on the facts and circumstances of the case. Some of the common defenses that might be raised include the following:
- Alibi
- Misidentification
- Self-defense
- Agreement to engage in mutual combat
- Not a deadly weapon within the statutory meaning
- Defense of others
- No intent to cause great bodily harm or permanent disabilities
- No intent to strike the other person
An experienced attorney at the law firm of Jeffrey H. Garland, P.A. can review the evidence to identify the best defenses available.
Consult an Experienced Port St Lucie Aggravated Battery Attorney
An aggravated battery conviction can result in a years-long prison sentence, hefty fines, and ongoing consequences that can continue to affect your life. People with felony convictions on their records can face the loss of their civil rights and struggle to find employment and housing. If you are facing similar charges, contact The Law Office of Jeffrey H. Garland, P.A. at 772.489.2200.