The Alleged Attack

It is reported that the victim was sitting in the driver’s seat of a postal truck when the defendant suddenly struck the truck with a two by four plank. The victim was sorting mail at the time of the initial impact and heard a loud crash. He then looked up and saw the defendant striking the truck a second time with the plank. The victim began to drive the truck away, at which point the defendant hit the truck with the plank again. When the victim reached a safe distance, he called 911. The defendant was ultimately detained and charged with first-degree misdemeanor criminal mischief, aggravated assault, and other offenses. He moved for acquittal on the charges of assault and criminal mischief, but his motion was denied, and he was convicted. He then appealed.

Evidence Needed to Convict a Defendant for Aggravated Assault and Criminal Mischief

On appeal, the court affirmed the defendant’s conviction for aggravated assault. The court was not persuaded by the defendant’s argument that the State failed to prove that he committed an act that was significantly likely to place the victim in fear of imminent violence. Instead, the court found that when viewing the evidence in a light most favorable to the State, it sufficiently demonstrated that the defendant knew that the victim was in the truck. Specifically, he hit the truck three times near the driver’s side door, and the third hit occurred after the truck had moved forward.

As to the defendant’s first-degree misdemeanor criminal mischief conviction, however, the court noted that the defendant’s argument that the conviction could not stand because the State failed to introduce evidence of the cost of the damage to the truck was valid. Thus, absent the necessary proof, the conviction was reduced to a second-degree misdemeanor in accordance with Florida law.

Speak to a Knowledgeable Criminal Defense Attorney in Florida

Attempting to destroy property can result in significant criminal penalties, including offenses involving the intentional harm of other individuals. If you are charged with assault or any other violent crimes, you should speak to a lawyer regarding your possible defenses. Florida criminal defense attorney Genine Ann Mejia is skilled at arguing on behalf of parties accused of serious offenses, and if you hire her, she will advocate aggressively on your behalf.  You can contact Ms. Mejia via the online form or at (386) 463-0849 to schedule a conference.

The Alleged Acts of Battery

It is reported that the defendant got in a verbal altercation with the victim, who was his ex-girlfriend. The fight became physical, and the defendant flicked a lit cigarette at the victim, shoved her, and pushed her throughout the course of the argument. He was charged with battery with two or more battery convictions. During the trial, the defendant’s counsel objected to the verdict form because it did not distinguish between each act and he stated that it did not require a unanimous verdict. The court overruled the objection, finding that there was a continuous chain of events with no intervening actions. The defendant was convicted, after which he appealed.

Verdict Charges in Florida Battery Cases

On appeal, the court explained that a trial court’s use of a general verdict form that does not ensure a unanimous verdict is a reversible error. Where a single count embraces multiple separate offenses, even if they all violate the same statute, a jury cannot convict a defendant unless its verdict is unanimous as to a minimum of one of the acts specified. In the subject case, the defendant argued that the trial court erred in allowing the jury to deliberate on three separate acts of battery when he was only charged with one offense.

He further stated that each act was distinct, and the State erred in suggesting otherwise during its closing argument. Finally, he argued that the trial court’s failure to adjust the jury verdict form impaired the jury’s ability to issue a unanimous verdict. After reviewing the evidence of record, the court stated that each of the acts could be considered part of a single criminal episode, or they could find that each act was a separate crime. The court ruled, however, that the fact that each juror may assess the acts differently did not mean they could not come to a unanimous verdict on the issue of whether each element of the crime was met and, therefore, that the defendant committed the crime. Thus, the defendant’s conviction was affirmed.

Meet with a Seasoned Criminal Defense Attorney in Florida

Battery is a violent crime that can result in significant penalties, and it is prudent for anyone charged with battery to meet with an attorney. Attorney Genine Ann Mejia has ample experience defending people charged with violent crimes, including battery, and she can meet with you to discuss what defenses you may be able to assert. You can reach Ms. Mejia by calling (386) 463-0849 or using the form online to set up a meeting.