Battery Archives - The Law Offices of Travis Koon, PLLC

Criminal Defense Attorney-Arrested for Battery

Posted by | Attorney, Battery, Criminal Defense | One Comment

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Lake City & Gainesville, Florida

Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

 

Principle Office

291 NW Main Blvd.

Lake City, Florida 32055

 

Gainesville Office

105 SE 1st Avenue, Suite 2B-1

Gainesville, Florida 32601

 

Do you need a Criminal Defense Attorney to defend your criminal case?

 

When push comes to shove – it becomes battery.

 

Battery can be defined as;

Actually and intentionally touching or striking another person against the will of the other; or intentionally causing bodily harm to another person.

 

Battery can be a misdemeanor (simple battery) or a more severe case is aggravated battery and has more harsh consequences.   A simple battery charge may carry penalties of up to 1 year in jail or 1 year of probation, along with fines up to $1,000. Injury is not required for a battery charge to be levied against a person. In fact, touching is not necessary to be charged with battery in the state of Florida; a purse being snatched or an object thrown at another is enough to be considered battery. This is not a charge to be taken lightly! If you have a history of battery with prior criminal convictions, you could face felony charges.

 

A person’s past history of violence, run-ins with the law, and the relationship between the defendant and victim will all be assessed when the penalty is decided. Aggravated battery involves intentional infliction of great bodily harm, use of a deadly weapon, or battering of a pregnant person. Aggravated battery carries penalties of up to 15 years in jail or 15 years’ probation, and fines up to $10,000.

 

The levels of seriousness of the charges are Assault – Battery – Aggravated Assault – Aggregated Battery. As you can see, being charged with battery is a serious charge and one that definitely needs an attorney to help argue the defendants case.

 

The testimony of the alleged victim is not always needed to be charged with battery. If eye witnesses see a person be hit as they back away and cry, battery can be charged. If 911 is called and the caller tells who hit them, and when they police arrive and see a red mark left by the hit – battery can be charged. Even if the victim wants to drop the charges, the state can arrest the defendant and build a case around what they believe occurred.

 

But battery is a highly defendable case, there are many questions the criminal defense attorney will ask, and the state must answer these questions and prove these charges. Some question asked might be:

  • What is the history of the relationship between the two people?
  • Are there injuries?
  • Were photos taken, when and by whom?
  • Was 911 called?
  • Does the defendant have a history of violence?
  • Was there motive?
  • Are there any inconsistencies of the statements?

These questions show why a skilled criminal defense attorney is needed to help defend against charges. A criminal Defense Attorney such as Travis Koon can analyze the facts of your case to determine if you have a valid self defense claim.

 

Koonlegal is made up of skilled Florida criminal defense attorneys that have successfully defended battery cases in the past, and can speak with you about your case. We have offices throughout central Florida and can help you fight for your freedom.

 

EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY

 

At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.

 

At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.

 

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

 

 

Entrapment

Posted by | Attorney, Criminal Defense | No Comments

Every so often a case comes to one of our offices that just does not seem right, the facts don’t add up. We have seen instances of arrest being made, and our correct defense is entrapment. This defense is based on the universally accepted fact that it is unjust for law enforcement to encourage an individual to perform a criminal activity for the basis of arresting that individual.

Florida statute 777.201 defines entrapment as:

(1) A law enforcement officer, … induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.

Basically, this says that law enforcement is not allowed to encourage or induce an individual into committing a crime.

Once the defense of entrapment has been shown, it is up to the prosecutors to prove entrapment did not occur. The prosecutors must prove beyond a reasonable doubt that the individual was predisposed to commit the particular crime.

There are several questions that need to be answered to determine if entrapment tactics were utilized:

• Was the individual ready to commit the crime they are being charged with?
• Was it a law enforcement officer or agent that inducted the individual to commit the crime?
• Did the individual engage in criminal conduct as a direct result of law enforcement engagement?
• Was the individual encouraged by law enforcement to engage in criminal conduct in order to obtain evidence?
• Did law enforcement provide the individual with the opportunity or means to facilitate the crime?

In Jacobson v. United States (1991) The Supreme Court of the United States found that Jacobson was induced into the crime due to entrapment. In 1985 government agencies became interested in Jacobson’s interest in child pornography and over the next 2 ½ years sent him mailings for fictitious organizations and one non-existent pen pal, all promoting sexual liberation and challenging censorship. Once Jacobson begin to show interest, they began to offer child pornography material, which he eventually purchased – for which he was arrested.

The prosecution was unable to prove that Jacobson would have committed this crime without their direct involvement, and Jacobson’s charges were reversed due to entrapment.

It is illegal for law enforcement or their agents (undercover, informants…) to induce or engage an individual to commit a crime for the sole purpose of arresting them; they cannot create criminals.

At The Law Office of Travis Koon, we understand that there are times when an individual is persuaded to do something they wouldn’t normally do, and we are here to protect those people. As Florida criminal defense attorneys, we will make sure your rights are not infringed upon. Call any one of our offices today (Miami, Lake City, and Gainesville) today to set up a meeting with one of our dedicated attorneys.

Motion to Dismiss

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These are scary times, made even worse if you are arrested and convicted of a crime.  Your mind is reeling, your heart is beating hard, and you are trying not to panic.  Thankfully, you have called a top notch criminal defense attorney (like those found at the Law Office of Travis Koon) and start to feel relieved.

Your attorney will sit down with you and review your case in its entirety, including all the details that led up to the arrest, during the arrest, and even after the arrest.  The issues will be weighed and the defense will take shape.  Perhaps it is a situation of mistaken identity, maybe this is your first offence and it can be plea bargained or request that the adjudication be withheld.  Under the correct circumstances, another option may be to file a motion to dismiss your case.

A motion to dismiss is filed to terminate a criminal prosecution through court action because of some legal or technical defect in the proceeding.  This motion is filed before or during the arraignment and is a formal request for the court to dismiss your case.

There are many instances in which a motion to dismiss can be filed; the following is a list of some, but by no means all, of these instances:

  • Statute of limitation has run out
  • Double jeopardy
  • Defendant didn’t receive the summons in time
  • Case is filed in the wrong court or in the wrong county
  • Due processes violation
  • Discovery violation
  • Defendant has immunity
  • Defendant is pardoned

Do you see that the motion to dismiss is based on technical issues?  This is not the place to raise disputes regarding the facts of the case, such as “the law enforcement officer is lying”.

As with any legal document, there are several details that must be adhered to when filing a motion to dismiss; it must be in writing, signed by the party or attorney making the motion, it must state the grounds for which it is based, and must be served to the opposing party.  This motion must also include: an allegation that the material facts of the case that are undisputed, a description of these undisputed facts and a demonstration of them.

A skilled and decisive attorney will know when to file a motion to dismiss; the common person is not expected to understand all the legal situations.  This is why it is extremely important to immediately call an attorney if you have been arrested; and if you have been arrested in Florida, call us at the Law Office of Travis Koon.  We have offices in Lake City, Gainesville, and Miami.  We understand how the courts work and how to best defend you in a court of law.  Do not leave your future to chance, call us today.

Battery

Posted by | Attorney, Criminal Defense | No Comments

When push comes to shove – it becomes battery.

Battery can be defined as;

Actually and intentionally touching or striking another person against the will of the other; or intentionally causing bodily harm to another person.

Battery can be a misdemeanor (simple battery) or aggravated battery (which carries harsher consequences).   A simple battery charge may carry penalties of up to 1 year in jail or 1 year of probation, along with fines up to $1,000.  Injury is not required for a battery charge to be levied against a person.   In fact, touching is not necessary to be charged with battery in the state of Florida; a purse being snatched or an object thrown at another is enough to be considered battery.  This is not a charge to be taken lightly!

A person’s past history of violence, run-ins with the law, and the relationship between the defendant and victim will all be assessed when the penalty is decided.  Aggravated battery involves intentional infliction of great bodily harm, use of a deadly weapon, or battering of a pregnant person.  Aggravated battery carries penalties of up to 15 years in jail or 15 years’ probation, and fines up to $10,000.

The levels of seriousness of the charges are Assault – Battery – Aggravated Assault – Aggregated Battery.  As you can see, being charged with battery is a serious charge and one that definitely needs an attorney to help argue the defendants case.

The testimony of the alleged victim is not always needed to be charged with battery.  If eye witnesses see a person be hit as they back away and cry, battery can be charged.  If 911 is called and the caller tells who hit them, and when they police arrive and see a red mark left by the hit – battery can be charged.  Even if the victim wants to drop the charges, the state can arrest the defendant and build a case around what they believe occurred.

But battery is a highly defendable case, there are many questions the criminal defense attorney will ask, and the state must answer these questions and prove these charges.  Some question asked might be:

  • What is the history of the relationship between the two people?
  • Are there injuries?
  • Were photos taken, when and by whom?
  • Was 911 called?
  • Does the defendant have a history of violence?
  • Was there motive?
  • Are there any inconsistencies of the statements?

These questions show why a skilled criminal defense attorney is needed to help defend against charges.

The Law Office of Travis Koon is made up of skilled Florida criminal defense attorneys that have successfully defended battery cases in the past, and can speak with you about your case.  We have offices throughout State of Florida, with offices located in Lake City, Gainesville and Miami, and can help you fight for your freedom.   Call us today to defend any charges pending against you.

What can happen if you are Arrested for a Misdemeanor?

Posted by | Assault, Battery, Criminal Defense, Drug Crimes, DUI, Petit Theft | No Comments

There Can Still Be Big Consequences for Misdemeanor Charges
Being charged with a misdemeanor is definitely not as dire as being charged with a felony, but it can adversely affect your life and follow you for years to come. For this reason, it is extremely important to hire a qualified criminal defense attorney when charged with a misdemeanor.
Just a few examples of misdemeanors are:
• Speeding,
• Trespassing,
• Vandalism,
• Public intoxication,
• Harassment,
• Theft under a certain monetary amount,
• Loitering,
• Possession of a small amount of an illegal drug,
• Driving While License Suspended,
• DUI,
• Petit Theft,
• Battery,
• Domestic Battery,
• Assault,
• Minor in Possession of Alcohol,
• Reckless Driving.
Of course, this is not an all-encompassing list, but you get the idea of what is considered a misdemeanor.
In order of severity, the least to worst charge is generally as follows: infraction, misdemeanor, and then felony; there may be levels of severity within each. A misdemeanor conviction can cause the same legal ramifications as felonies, but unfortunately, there are fewer ways to expunging them from your criminal record. Some of the consequences of being found guilty of a misdemeanor can be fines, required classes, community service, or even jail time. These are just the immediate consequences, but the life-long hindrances are usually much worse. You cannot have this arrest expunged if you are adjudicated guilty of a misdemeanor or a felony offense.
According to Norman Reimer, executive director of the National Association of Criminal Defense Lawyers, “The single most dangerous thing people think is that if they get a conviction and don’t go to jail they won’t face issues… Misdemeanor convictions can have serious impacts.”
Imagine being in jail for a month or two while you await trial for being charged with a small offense because you couldn’t afford to pay the bail money.
Those found guilty of misdemeanor charges often feel they constantly have to prove that they are not the bad guy their record insinuates. You can temporarily lose your driver’s license, be turned down for jobs, lose your professional license, be refused housing… in general some basic abilities to provide for yourself or your family may be lost.
If you are charged with a misdemeanor, it is vitally important to call a top rated criminal defense attorney such as those at The Law Offices of Travis Koon. The best result that one can hope for is being found not guilty of a crime, and that is not likely to happen without a professional fighter in your corner. Let the lawyers at The Law Offices of Travis Koon fight for you. We are criminal defense attorneys in Florida, know the laws, and can help you maneuver the legal minefield known as the court system.