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In Florida, the act of touching a person without their consent is unlawful, and people that engage in such behavior may be found guilty of battery. Notably, contact is an essential element of many battery crimes, and if the prosecution cannot establish that a person charged with battery made actual contact with their alleged victim, they should not be able to obtain a conviction. This was demonstrated in a recent Florida case in which the court reversed the defendant’s battery conviction. If you are accused of battery, it is smart to speak to a Clearwater battery defense attorney about your potential defenses.

Facts Surrounding the Alleged Assault

It is alleged that police officers attempted to pull over the defendant when he was driving. They offered several reasons for their attempt, including that the defendant had an unregistered tag, failed to wear a seatbelt, and his car smelled of cannabis. The officers, dressed in law enforcement clothing, were in an unmarked black SUV with red and blue track lights activated to stop the defendant.

Reportedly, when the defendant did not immediately comply with the officers’ orders to pull over, they positioned their SUV slightly in front of his vehicle and activated the siren, trying to stop him. At this point, the defendant revved his engine and drove his car toward the officers’ SUV. However, both officers managed to jump back into the SUV, and the defendant’s car struck the front passenger door of the SUV without hitting any of the officers. The State subsequently charged the defendant with several offenses, including aggravated battery on a law enforcement officer. He moved for an acquittal on the aggravated battery count at the close of evidence. The court denied his motion, and he was convicted, after which he appealed.

 

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Underage people living in Florida have the same rights as adults with regard to criminal investigations. In other words, they have the right to be free from unreasonable searches and seizures. As such, if the police impermissibly detain a minor, the minor arguably cannot be deemed guilty of the commission of any offenses that happen during their detention. Recently, a Florida court examined what constitutes a reasonable seizure of a minor in a case in which a juvenile defendant challenged her adjudication of delinquency for battery on a police officer. If you are currently charged with committing a crime as a juvenile, it is critical to speak to a Clearwater juvenile defense attorney to determine what defenses you might be able to set forth.

Facts of the Case

It is reported that a police officer observed the defendant sitting in a corner near the entrance of a high school after the school was closed. Out of concern for the defendant, who was a young female alone at night in an area with a high rate of crime, the officer approached the defendant and began questioning her. The defendant was reluctant to provide the officer with information; she stated she was waiting for a bus but did not have any bus information, and she declined to tell him her parents’ full names or her address.

Reportedly, the officer called for backup, after which the defendant ran away. The officers pursued the defendant on foot, caught and handcuffed her, and placed her in the back of a police vehicle. They checked on her about half an hour later and found her kicking the partition between the seats. They attempted to restrain her, and she kicked one of the officers in the chest. She was charged with battery of an officer but moved for judgment of dismissal on the grounds that her seizure was illegal. The court found her guilty, and she appealed.

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The Constitution guarantees that all criminal defendants get a “speedy trial.” If you are familiar with the law, you will know that speedy is relative. If a defendant is denied a speedy trial, then they may be able to be released. The definition of what constitutes “speedy” will vary depending on the circumstances, and your knowledgeable Clearwater criminal defense attorney can help you to determine whether the speedy trial provision of the Constitution was violated in your case.

Clothing and Prejudice

While this case revolves centrally around a speedy trial issue, it is also about clothing. Defendants have a right to a speedy trial, and they also have a right to a fair and unbiased jury. One of the things that can prejudice the jury is when the defendant appears in front of them in jail clothing. In this case, a defendant was charged with battery on a law enforcement officer and aggravated assault on a law enforcement officer. He was on pretrial release when he was brought back into custody after allegedly committing another offense.

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A Florida appeals court recently took up a unique case about a fairly common occurrence:  a call to the Department of Children and Families ending in an arrest.A defendant was charged with battery on a law enforcement officer and resisting an officer with violence, stemming from an incident in his backyard in Santa Rosa County. His wife had called the Department of Children and Families earlier in the day, saying that she feared for the safety of herself and her five-year-old child. Although DCF officials would normally respond to the call, they requested police assistance because of DCF’s previous history with the defendant. DCF had been called to the house multiple times, according to the court, and he had threatened to harm them. During the latest call, the court said the defendant wife told DCF he said he’d dismember them if they entered his home.

Here’s how the court described what the cops and a DCF employee encountered when they went to the house: “The home was a fortress. [The defendant] had erected a number of barriers, including a sharp, padlocked, picket-style fence around the front yard. He had equipped the home with customized locking doors and opaque, inoperable windows.”

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