Assault and Battery

Published on: March 29, 2016

Trump Still Insists His Campaign Manager Did Not Assault Reporter in Palm Beach County

by Whittel & Melton, LLC

Donald Trump is defending his campaign manager to the very end, despite the fact that he is facing criminal charges.

On Tuesday morning, Trump’s campaign manager, Corey Lewandowski, was charged with misdemeanor battery for forcibly grabbing reporter Michelle Fields at an event in Jupiter on March 8.

A video released Tuesday shows Lewandowski grabbing Fields, according to reports.

However, on Tuesday afternoon, Trump got on Twitter to defend his campaign manager—and claim the new footage proves nothing.

This is not the first time the Trump team has denied the incident.

Lewandowski intends to plead not guilty, according to reports.

Trump suggested later on Tuesday that Fields should be the one facing charges for grabbing him and “shout[ing] questions.”

The criminal act of battery is defined as intentionally causing bodily injuries to another person. Battery requires actual physical contact and injuries to the victim for charges to actually be filed. A South Florida Criminal Defense Lawyer at Whittel & Melton can defend you against your battery charges. We can help you better understand the law as it applies to battery and make sure that you are aware of all your defense options.

Published on: February 19, 2016

Former Bucs OL Charged with Felony Assault, Battery in Tampa

by Whittel & Melton, LLC

A former Tampa Bay Buccaneers player was arrested Monday morning on charges stemming from an incident in January.

According to Tampa Police, Cosey Coleman, 37, was arrested at 11:30 a.m. at a home in Tampa. Coleman was an offensive lineman for the Bucs from 2000-2004.

A warrant was originally issued for Coleman’s arrest on Jan. 11, after he was allegedly involved in an altercation at Ducky’s Sports Lounge. While inside the bar, Coleman is accused of hitting a 40-year-old Tampa man in the face, knocking him to the ground. He was then escorted out by security.

When Coleman spotted the man leaving the bar, he allegedly grabbed a handgun from his car in the bar’s parking lot and began to raise his arm as if to point it at the man. Security grabbed him and prevented him from pointing or firing the weapon.

When authorities reached the scene of the alleged incident, Coleman was not present, and police issued the arrest warrant.

Police charged Coleman with two felony counts of aggravated assault with a deadly weapon and battery. He was released later Monday on a $15,000 bond.

Coleman played a total of seven seasons in the NFL, five with the Bucs. He finished his career in 2006 for the Cleveland Browns.

If you are facing felony assault and/or battery charges in Florida, understand that these charges are quite severe. Florida felony assault and battery charges carry the possibility of actual prison time. With that said, there is no room for discussion – you need help, regardless of your innocence. Felony assault and battery charges are the real deal and can send you to prison, wreak havoc on your personal and professional life, and forever change your life’s path.

Published on: April 8, 2015

Ex-UF Athlete Charged with Felony Battery

by Whittel & Melton, LLC

A former University of Florida track and field athlete was arrested Sunday morning after police allege he struck a bouncer multiple times after being denied entrance to a downtown nightclub.

According to a GPD report, the 23-year-old man was apparently trying to get into Simons Nightclub at about 1 a.m. when police claim he created a disturbance and was denied entry by one of the club’s bouncers.

Police allege that the argument escalated with the bouncer and the man then punched the bouncer in the face repeatedly, leaving a large cut on the bouncer’s forehead that required stitches.

Police claim they were forced to detain the man and physically remove him from the scene.

The man was arrested and charged with one felony count of battery and one misdemeanor count of resisting an officer without violence. He was taken to the Alachua County jail where he remained on Sunday with bail set at $17,500.

According to reports, the man competed for the Gators’ track and field team from 2010 to 2013.

The man won the triple jump and finished second in the long jump at the annual Florida Relays at Percy Beard Track that concluded Saturday on the UF campus.

Facing battery charges in Florida can be a life altering experience. You could be facing hefty fines as well as time behind bars, depending on the facts surrounding your case. Obviously, these charges can be nothing short of frightening.

You may have found yourself facing a battery charge that erupted from an act of self defense. Many battery charges arise from a fight, and it is possible that you were not even the aggressor in the attack. Police often charge the person who is hurt the least, or even the person who files charges first.

Published on: March 24, 2015

Woman Arrested for Allegedly Smearing Dog Feces on Neighbor

by Whittel & Melton, LLC

A 57-year-old woman was arrested Wednesday after she allegedly smeared dog feces on a neighbor whose pet had defecated in the woman’s yard.

The woman was charged with battery on a person 65 years or older and was released Thursday from the Palm Beach County Jail on her own recognizance.

Both the women live at the Woodfield Country Club.

According to an arrest report, the woman’s 67-year-old neighbor was walking her dog when the animal defecated on the woman’s lawn.

The neighbor told Boca Raton police that the woman came out of the house screaming. The neighbor said she was trying to pick up after her dog with a plastic bag, but stopped when the woman began yelling at her.

The neighbor apparently told the woman to clean it up herself.

The neighbor then claims the woman grabbed a plastic bag, scooped up the feces and ran after her. She then allegedly smeared the feces on the neighbor.

According to reports, when police arrived, the neighbor had feces on her hands and shirt.

The woman told police that her neighbor frequently allows the dog to defecate on her lawn and never attempts to clean it up. The woman did apparently admit to the police that she picked up the feces and “targeted” her neighbor with it.

The woman told police that the neighbor smeared the feces on herself.

In the state of Florida, if battery is committed upon a person that is 65 years old or older, this is classified as battery on an elderly person. Battery on a person 65 years old or older is a felony, punishable by incarceration and can result in a felony conviction on your criminal record.

Published on: February 12, 2015

Teen Accused of Pawing Students Charged with Simple Battery

by Whittel & Melton, LLC

A 17-year-old Leesburg teen, who was expelled from Tavares High School for allegedly inappropriately touching female students, was arrested Friday for doing the same thing, according to the Lake County Sheriff’s Office.

The teen was charged with two counts of simple battery and trespassing. He remained in the Lake County jail Monday in lieu of $15,000 bail.

According to an arrest affidavit, the teen was a student at Tavares High, but was previously expelled for inappropriately touching female students. He was also trespassed from the facility.

He is accused of returning to the school on Friday at 7:15 a.m. where he allegedly hugged random girls.

“Statements were provided that he was asking the victims for ‘hugs,’ then he would grab their butts, and run his face in their breast area and try to kiss them …,” according to the affidavit.

The teen was arrested at 8:30 a.m.

He is scheduled for a court arraignment on Feb. 25.

Having a criminal conviction at a young age can negatively affect your child’s life for many years to come. Not only could they be facing jail time, but he or she could be denied college acceptances, driving privileges, jobs, student loans and other types of financial aid. A criminal conviction could even lead to your child getting suspended or expelled from school.

Juvenile Court is quite different from the adult legal system, but you need a Juvenile Criminal Defense Lawyer to help guide you through the system. There are things you need to know, like when your child will be released to you, the potential punishments and how the charge could impact the rest of your child’s life.

Published on: November 17, 2014

Overall Crime Rate Down Across the State of Florida

by Whittel & Melton, LLC

Our criminal defense lawyers at Whittel & Melton are very pleased to announce that, according to Governor Rick Scott, Florida is on a path to a 44-year crime low.

The actual number of crimes across the Sunshine State is showing that crime rate is steadily on the decline.

The Florida Department of Law Enforcement has released its numbers for the first half of 2014, which shows there were more than 8,000 fewer crimes committed in the first six months of this year than in that same time period in 2013.

However, while the number of non-violent crimes is down, including robbery, burglary and stalking, the number of murders, forcible sex offenses, aggravated assaults and domestic violence are all on the rise.

In Central Florida, most of the counties are in line with the overall report, seeing a drop in criminal activity across the board.

The biggest decline occurred in Flagler County, with crime dropping nearly 11 percent. Sumter County actually saw the biggest rise in crime, with an increase of 2.4 percent.

Published on: April 9, 2014

Police Claim Monroe County Woman Tried to Strangle Child

by Whittel & Melton, LLC

A Rock Harbor woman was arrested Monday night after police claim she used a belt in an attempt to strangle a 10-year-old boy.

According to reports, a second child witnessed the alleged incident and called a relative for help. The relative then called the Sheriff’s Office who responded to the residence at the 95.3 mile marker of the highway around 10:30 p.m.

When deputies arrived at the scene they allegedly found a 31-year-old woman who was so intoxicated she could hardly speak. Police claim the relative who reported the incident said the woman has ongoing issues involving alcohol.

Both children relayed the same story to police, claiming that the woman placed a belt around the 10-year-old boy’s neck and began tightening it. They apparently told police that the woman said she was going to kill the boy while she attempted to strangle him.

The woman was charged with aggravated battery on a child and was taken to jail.

A charge for aggravated battery on a child in Monroe County can have severe consequences on your life. A conviction for this felony can lead to significant time behind bars and costly fines. While these penalties are serious, perhaps even more damaging is the lasting havoc these charges can wreak on your family life and personal reputation. In order to successfully fight these charges and protect your future, you must work with a criminal defense attorney who can safeguard your rights. A Monroe County Criminal Defense Lawyer at Whittel & Melton can help you aggressively fight these allegations.

In order to be convicted for aggravated battery on a child, prosecutors must prove certain elements beyond a reasonable doubt. Many of these elements can be difficult to prove, as there is often little to no evidence to clearly support these claims. As former prosecutors, we are very familiar with the tactics that the prosecution uses to present their case and can put this knowledge to work for you. Just because you have been arrested for a crime, this does not automatically mean a conviction will follow. There are many viable defense options that can combat these false or exaggerated charges and result in a positive outcome.

Published on: August 7, 2013

Highlands County Criminal Defense Attorney :: Sebring Woman Charged with Assaulting Another Woman

by Whittel & Melton, LLC

A Sebring woman was arrested for assaulting another woman that apparently lives at the same home on Monday.

On Aug. 3 police with the Highlands County Sheriff’s Office arrested a 30-year-old woman and charged her with battery and one count of burglary of an unoccupied conveyance and two counts of attempted burglary of an unoccupied conveyance.

Deputies arrested the woman after the alleged victim claims she came onto her yard uninvited and “began yelling she lived there,” according to reports.

When the alleged victim did not respond, the woman apparently began punching her numerous times on her head and face with a closed fist.

The alleged victim claims the woman tackled her to the ground and tried to fight her. She eventually escaped and ran into her house and called 911, the report said.

The woman was allegedly spotted trying to get into several vehicles, according to witnesses.

According to the arrest report, the woman appeared to be under the influence of drugs or alcohol.

The circumstances surrounding an arrest for assault or battery can be quite confusing, as this case demonstrates. It is important to understand that assault and battery are actually two separate offenses, but they are often linked together in cases involving violence. Assault is defined as attempted violence against another person or threatening to use violence against them, whereas battery is actually hitting, striking or making unwanted physical contact with someone else. Both assault and battery charges carry serious consequences in the state of Florida if you are convicted of either of these crimes, including:

• Jail or Prison Time
• Steep Fines
• Probation/Parole
• Anger Management Classes
• Revocation of Your Driver’s License
In addition to the above penalties, a conviction for assault or battery count as strikes under Florida’s Three Strikes Law. This means that if you are convicted, your sentencing can be quite harsh if you have previously been convicted of a similar crime or are on probation or parole at the time the offense was committed. With that said, if you have been charged with assault or battery in Sebring or the surrounding area, you should contact a Highlands County Criminal Defense Lawyer at Whittel & Melton so that you can make sure your rights and best interests are protected.

Published on: February 20, 2012

Gainesville Hazing Defense Lawyers Whittel & Melton :: University of Florida Fraternity under Investigation for what Officials Claim was “Serious Physical Hazing”

by Whittel & Melton, LLC

The University of Florida’s Alpha Phi Alpha fraternity has been suspended and is currently under investigation for hazing by campus police.

According to the University of Florida spokeswoman, the fraternity was suspended after a student suffered severe injuries over the weekend from what investigators believe was hazing.

The UF Vice President of Student Affairs claims an investigation started as soon as hazing allegations were brought to light.

The off-campus organization is currently suspended from holding meetings or operating as an organization until police conclude their investigation.

University of Florida Police has not said how many students may have been involved in the alleged hazing events. Investigators believe that the so-called hazing took place between January 9 and February 4. They were apparently alerted to the situation Saturday.

According to police, they are looking into incidents that may have taken place on and off campus.

UF President Bernie Machen sent an e-mail to all students Tuesday warning them that hazing is prohibited by UF regulations, and is also classified as a crime in Florida.

This recent incident at UF happened just three months after a Florida A&M University drum major died as a result of an alleged hazing ritual.

Hazing was established as a crime in Florida in 2005 after a University of Miami student drowned as a result of fraternity hazing. Under the Chad Meredith Act, Florida’s broad definition of hazing refers to conduct in which students are inducted, affiliated or initiated into an organization which uses careless or premeditated methods that threaten the physical or mental safety of another person. Common hazing rituals can include:

• Whipping
• Branding
• Forced Alcohol Consumption
• Extreme Weather Exposure
• Forced Food or Beverage Consumption
• Forced Isolation
• Extended Periods of Sleep Deprivation
With increased media attention being placed on this type of crime, an increased amount of universities and students are finding themselves in the hot seat for hazing. The penalties for hazing in Florida can range from expulsion from school all the way up to felony charges. It is important to understand that a person accused of hazing can be with additional offenses that comprised the hazing offense. Felony charges of aggravated battery can be charged when suspected hazing results in great bodily harm. Likewise, if a person dies from alleged hazing events, murder may be charged.

It is best to not waste any time before contacting a Florida Criminal Defense Attorney after an accusation has been made regarding hazing. It is extremely important to seek the advice of legal counsel before making any statements to school officials or police. These crimes are not simple cases, and without the proper legal guidance the outcome can be devastating. At Whittel & Melton, our attorneys understand that while the penalties for hazing are severe, a criminal record can be even more detrimental to your future. We will thoroughly examine every detail of your case in order to achieve the most positive outcome for your unique situation.

Published on: December 22, 2011

Florida Domestic Violence Defense Attorneys Whittel & Melton :: Floyd Mayweather Jr. Ordered to Start Serving 90 Day Jail Term at the Start of the New Year

by Whittel & Melton, LLC

Boxer Floyd Mayweather Jr. was sentenced to 90 days in jail Wednesday after pleading guilty to domestic violence battery charges and harassment stemming from an alleged altercation between him and his ex-girlfriend in September 2010.

He will report to jail to start serving his sentence on Jan. 6.

The reduced plea deal will allow Mayweather to avoid a trial on felony allegations that he struck his ex-girlfriend and threatened two of their children at his ex’s Las Vegas home.

The judge ordered Mayweather to perform 100 hours of community service and pay a $2,500 fine.

Mayweather may have pleaded guilty to the charges to end the uncertainty surrounding his criminal case so that promoters could finalize the plans for a super-fight next year between Mayweather and Manny Pacquiao.

Now that the case has been resolved, promoters have mentioned a likely date for the mega-brawl between the two boxers to take place in June.

Domestic violence cases can be quite complex and are usually prosecuted aggressively by the State. When law enforcement is called to the scene of a domestic dispute, they are often urged to make an arrest in an attempt to diffuse the situation. Even though it is not always clear who the at-fault party is in a domestic violence situation, police usually regard the first person to report the alleged incident as the victim. Due to the special laws that apply to domestic violence arrests, it is extremely important to consult with a Domestic Violence Attorney as early on as possible. There is usually evidence that needs to be obtained quickly, including photographs, telephone records and any potential witness statements.

Most people tend to think that domestic violence arrests are limited to disputes between spouses or partners, but domestic violence extends to include any criminal offense committed by one family member against another. Domestic violence covers a wide range of criminal offenses including:

• Kidnapping
• Sexual Battery

• Assault and/or Battery

• Stalking
• Child Abuse

Domestic violence charges can be filed as misdemeanors or felonies, and the filing decision is made exclusively by the prosecutor and is based on facts unique to the case. A misdemeanor or felony conviction for domestic violence can include jail time, counseling, community service, fines and a stay-away order from the victim.

It is important to understand that if any type of assault or battery is apparent, police will typically make a domestic violence arrest. Even if there are no noticeable injuries, prosecutors with the State Attorney’s Office will not necessarily drop charges due to a victim’s request. While prosecutors can pursue domestic violence charges with or without the supposed victim’s cooperation, this does not always mean charges will be filed. Early intervention by an experienced Florida Domestic Violence Attorney may persuade the prosecutor to decline filing formal charges against you. There are a variety of factors that may make a difference in your case, and the Florida Domestic Violence Defense Attorneys at Whittel & Melton can discuss your potential options.