Assault and Battery

Published on: April 8, 2011

Florida Criminal Defense Lawyer :: Mother of LeBron James Arrested for Misdemeanors

by Whittel & Melton, LLC

LeBron James’ mother was arrested for simple battery and disorderly intoxication Thursday morning after a confrontation with a valet at Miami Beach’s Fontainebleau hotel. The 43-year-old woman allegedly hit a valet around 5 a.m.

According to NBC Miami, the woman requested her SUV from the valet who retrieved her car and brought it to the valet ramp. After the car was left running for supposedly 30 minutes while the woman spoke with other hotel guests, the valet turned off the SUV and gave the keys to the valet cashier.

The arrest report shows that the woman came looking for her car a short time later, yelling profanities at the valet. She allegedly slapped the valet across the face with her hand, lost her balance and fell to the ground.

Once police arrived at the hotel, James’ mother was in the car with another woman behind the wheel. James’ mom apparently would not speak to police about what happened, but the other woman told officers they had a verbal argument.

James’ mother was transported to the police station where it was noted she smelled of alcohol and had bloodshot eyes. Police reports show she was apparently uncooperative and refused to have her picture taken. She was released to Miami Heat executive Steve Stowe Thursday morning.

James’ mother was arrested on DWI charges in 2006 in Cleveland while James was with the Cavaliers.

Simple battery is any type of non-consensual, harmful or insulting physical contact with the intention to harm. In order for a person to be convicted of battery there must be proof that the offense was deliberate and meant to impose harm on the other party. There are different degrees of battery, but the charge James’ mother faces is a first-degree misdemeanor punishable by any combination of one year in jail, one year of probation or a fine up to $1,000. Simple battery can range from snatching a person’s wrist to chucking an object at them. The important thing to note on a simple battery charge is that no one has to be injured; un-consensual contact is the only requirement.

Published on: March 31, 2011

Tampa, Florida Criminal Defense Attorney :: Tampa Bay Buccaneer Aqib Talib and His Mother Arrested for Connection with Shooting in Texas

by Whittel & Melton, LLC

Texas police arrested Tampa Bay Buccaneers cornerback Aqib Talib Tuesday for his connection with a shooting last week in Garland, Texas. The 25-year-old football star will be charged with aggravated assault with a deadly weapon.

Talib’s mother turned herself in Tuesday morning and was charged with aggravated assault with a deadly weapon and a felony possession of a firearm from a previous conviction.

Talib and his mother were allegedly involved in a domestic disturbance on March 21 with Talib’s sister’s boyfriend. Police arrived at the scene after a 911 caller reported fighting and the sounds of gun shots around 7: 30 p.m.

According to the St. Petersburg Times, Talib allegedly tried to pistol-whip the boyfriend with a handgun which was dropped in the struggle. Police reports indicate the boyfriend supposedly grabbed the gun and ran while the mother produced another gun and fired at least three times at the boyfriend before Talib took the gun from her and fired at least twice more.

The boyfriend, a registered sex offender in Texas, was taken into custody and charged with aggravated assault with bodily injury and interference with an emergency phone call relating to an incident that happened at his home earlier in the day.

Talib’s bail was set at $25,000. Talib’s mother’s bail was set at $25,000 for the assault charge and $5,000 for the possession charge.

Talib was arrested in 2004 for burglary, got into a public fight in 2008 with a teammate, hit and injured former Bucs cornerback Donald Penn in 2009 and was charged with battery after he hit a cab driver last year.

Talib is facing a second-degree felony conviction punishable with prison time anywhere from 2 to 20 years. He could receive community-control probation instead of prison time if he has no prior felony offenses, but like the article does mention, this could be a far reach if a handgun is actually fired at someone. The probation period for a second-degree felony can last up to 10 years. For Talib to continue his career with the Bucs, if probation is granted, he would have to receive permission from Florida authorities that they would supervise a Texas probationer. This would also have to be agreed upon by the NFL, which is currently under a work stoppage where teams are not allowed to contact players or make any transactions, which includes releasing players.

There are varied possible consequences for aggravated assault with a deadly weapon. Punishments can be determined through possible defenses, conditions neighboring the crime, the degree of any injuries incurred, whether a weapon was used, past criminal record of the defendant, and in some circumstances the victim’s personal history.

Any time an offense involves a weapon other criminal charges can be filed to supplement the aggravated assault charge. When a deadly weapon is involved, like the use of a handgun, enhancements with statutory sentencing guidelines are likely. Depending on the jurisdiction and the sentencing official, additional time may be added to the sentence.

Published on: March 17, 2011

Spring Hill, Florida Criminal Attorney :: Spring Hill Man Attacks Girlfriend and Onlookers at a Local Bar

by Whittel & Melton, LLC

A Spring Hill, Florida man is facing battery charges after allegedly attacking his girlfriend and another man and his girlfriend after their attempts to mediate the brawl.

According to a Hernando County Sheriff’s Office report, the 30-year-old Spring Hill man is charged with battery and domestic battery following the fight between the man and his girlfriend Saturday night.

The Hernando Today reports that the man supposedly smashed his girlfriends head into the front door of the bar and punched her in the face in the midst of an argument.

Another bar patron and his girlfriend witnessed the fight and stepped outside to stop the Spring Hill man.

According to the report, the Spring Hill man got inside his vehicle and drove toward the other man. He allegedly lunged out of his car, slapped the bar patron’s girlfriend across the face and scratched the man’s forehead.

The bar patron evidently tackled his assailant to the ground in a headlock.

Once deputies arrived at the scene, they noted the Spring Hill man was very intoxicated. He was transported to the Hernando County Jail where he is being held on a no bond status for domestic battery and $1,000 for two separate battery counts.

Florida criminal law has designed a series of crimes under the general category of Domestic Violence. In this case, domestic battery is the unlawful touching of another and the element of the crime under Florida Domestic Violence criminal laws. In many cases, domestic battery results in a felony charge with severe penalties including extended jail time, restitution, fines, anger management courses, parole and probation.

The difference between a misdemeanor battery charge and a felony battery charge is if there was serious bodily harm. A battery is a misdemeanor if there is unlawful touching, but no serious harm. A battery can become a felony if there is serious bodily injury or permanent disfigurement. Florida felony battery has both statutory and case law definitions that describe the nature and extent of injuries suffered by a battery, but they vary with every situation. Ultimately, a jury has the supreme decision on whether a battery conviction is a felony or misdemeanor.

Published on: August 26, 2009

Tampa Bay Bucs’ Player arrested for battery

by Whittel & Melton, LLC

Tampa Bay Buccaneer cornerback Aqib Talib was arrested last week for misdemeanor battery and resisting arrest without violence.

According to reports, Talib was arrested by the Florida Highway Patrol and booked into the Pinellas County jail after a cab driver reported that Talib had verbally threatened him and struck him, knocking his hat off his head.

This incident is the third time the player publically lost his cool–at the 2008 NFL rookie symposium Talib got into a fist fight with fullback Cory Boyd, a fellow draft mate of the Buccaneers, and he also got into a fight with teammate Donald Penn at an offseason workout.
It is unclear how the Buccaneer’s front office will handle the most recent incident, but in the criminal arena, Talib could face one year in jail for each of the misdemeanors.

Published on: April 28, 2009

Pasco County Criminal Lawyer New Update: New Port Richey, FL Man Charged with Attempted Murder, Aggravated Assault on Law Enforcement, DUI

by Whittel & Melton, LLC

Despite no known criminal priors, a 23-year-old is behind bars, according to the St. Petersburg Times, in Land O’ Lakes, Pasco County Jail, after a botched traffic stop on Friday night.

Allegedly during a “routine” stop for a missing tag and suspicion of ties to a recent burglary, the defendant tried to ram a Pasco County Sheriff’s Office cruiser in an attempt to hit a deputy who was out of his vehicle.

After the help of a K-9 unit tracking down the defendant who fled on foot, the young man was charged with attempted murder, aggravated assault on law enforcement officers, possession of marijuana, reckless driving and driving under the influence. Pasco County first appearance bond judge levied a bail amount of $120,450.

To make matters more complicated, one of the deputies involved in the apprehension of the defendant had a “ride-a-long” from the Pasco County Sheriff’s Office Explorer program with him. No doubt, that will be a night to remember for that volunteer youngster.

Published on: November 18, 2008

New Port Richey paramedic arrested for battery

by Whittel & Melton, LLC

According to a Sheriff’s Office report, New Port Richey Paramedic James McCormick was arrested for battery in relation to an altercation with his girlfriend. Allegedly, he and his girlfriend were arguing when McCormick grabbed her by the throat and started to choke her.

ABC Acton News reports that McCormick’s girlfriend scratched him with her fingernails trying to fight back, and thought she was going to die. McCormick told deputies a different side of the story, saying his girlfriend attacked him and he was just defending himself. The Sheriff’s Office is now trying to determine if alcohol played a role inthis incident.

McCormick has been arrested and is in jail on the battery charge. Depending on the severity of the woman’s injuries, under Floirda law, McCormick may be charged with a misdemeanor or felony battery–which could potentially hold a penalty of anything from probation to ten years in prison.