Jacksonville Assault Attorney
Assault & Battery: The Rest of the Story
Police don't always talk to the right people or ask the right questions when making an arrest for assault and battery. The result is serious criminal charges based on a one-sided investigation. Recently the State of Florida passed Amendment 6 to the Florida constitution otherwise known as Marsy’s Law. This is a comprehensive Victims’ Rights law that essentially provides more rights to victims than the accused in criminal cases.
This means that when police investigate and declare someone the victim they automatically get to have a say so as to what happens in court proceedings. This occurs even if the police get it wrong. Sometimes in cases of violent crimes such as assault, battery, domestic violence and murder the person alleged to be the victim was actually the aggressor and the person arrested was acting in self defense, standing his or her ground, defending their home or defending a third person who was being attacked.
Choosing the right defense
In these type cases having an attorney on your side who understands the laws and the defenses can make the difference between freedom and a lengthy prison term. Mitch Stone has successfully deployed these defenses and understands they work. He knows how apply the law to the facts to ensure his clients are effectively represented and not wrongfully convicted.
The law firm of Mitchell A. Stone, P.A. is committed to revealing the rest of the story and providing viable defenses to avoid a conviction. Attorney Mitch Stone's representation has led to dismissed charges, exclusion of tainted testimony, and jury acquittals. See our Success Stories for examples of proven criminal defense strategies.
If you have been charged with an assault of any kind, contact our Jacksonville offices immediately for a free consultation. We represent clients charged in state or federal courts on assault charges.
Understanding Assault & Battery Charges
In Jacksonville, "assault and battery" are broad terms that encompass other violent crimes like stalking, threats, harassment, domestic violence, and fighting. These crimes, in most cases, are charged as misdemeanors that can result in sentences that include jail, probation, counseling, fines and community service. It is important to seek the advice and counsel of an attorney who understands how to defend these cases and how to challenge the accusers and victims effectively without creating more harm and risk for clients.
Attorney Mitch Stone has represented clients face successfully on all types of violent offenses such as:
- Battery of an Elderly Person
Battery of a Minor Child
- Aggravated battery
- Assault with a deadly weapon
- Aggravated battery with a deadly weapon
- Aggravated burglary
- Attempted murder
- Weapons charges
- Sexual assault
- Vehicular assault
- Domestic battery
- Other violent crimes
Domestic Battery by Strangulation
Battery of a Law Enforcement Officer
Battery of a Corrections Officer
Battery of a Government Employee
Battery in a Detention Facility
Assault & Battery Penalties
In Florida, violent crimes are aggressively pursued by the prosecution. While most of these crimes are charged as misdemeanors, when a violent crime involve firearms, knives, bats, and motor vehicles or the acts result in serious bodily injury, the simple assault or simple battery can be charged as a felony. Aggravated Assault, Aggravated Battery and other crimes of violence that qualify as felonies can result in lengthy prison sentences. If firearms are involved than 10, 20, Life statutes can apply resulting in serious minimum mandatory sentences and up to life in prison.
We Will Fight Your Assault Charges
Assault crimes are commonly overcharged. Simple assault carries a maximum sentence of 60 days, while simple battery is a first-degree misdemeanor punishable by up to one year in jail. There is also a fine line between felony battery (punishable by up to five years in prison) and aggravated battery (which can carry a prison term of up to 15 years) 10-20-life enhancements for firearms can also apply ramping up the punishment exposure to life in prison. Our first goal is to get charges dismissed or reduced to charges more appropriate to the circumstances and the actual harm to the alleged victim.
We conduct an investigation of our own to explore possible defenses or to expose mitigating factors. Stand Your Ground, self-defense, defense of another, provocation, mutual combat, motive to fabricate charges, and mis-identification of our client as the assailant have all been defenses deployed by Mitch Stone and have resulted in dismissals and not guilty verdicts at trial.
We Are Committed to Securing Your Freedom
Mitchell A. Stone, P.A. has defended clients who have been in bar fights and scuffles at parties, school fights, altercations at public events, and many other scenarios where violence occurred. We are well-versed in Stand Your Ground and The Castle Doctrine which allows people to use deadly force in the defense of their homes and allows people to use force to defend themselves or others from physical violence.
Our Jacksonville based assault and battery defense attorney Mitch Stone has effectively used these defenses in hearings and at trial for clients who have been granted Stand Your Ground immunity or if not have been found not guilty at trial. He understands the intricacies of how these defenses apply.
Mitch Stone is a board-certified criminal trial lawyer who is prepared to take your case to a jury to secure your freedom. Call us at (904) 263-5005 or contact us online to arrange a free, confidential consultation.