There are distinctions when it comes to violent crimes in Florida. Many people believe that assault and battery is the same thing, but this is not the case. Jacksonville assault does not involve touching. People believe that if you punch someone, this is an assault. It is actually a battery in Jacksonville FL. If you tried to punch someone and missed, this was an assault. Just because you punched someone, it does not mean that you are guilty of battery. If two people were engaged in mutual combat, this is fighting or affray in Jacksonville. Self defense is a defense to the charge of battery. Florida’s self defense laws permit you to use violence to protect yourself if violence is being used against you. If you are acting in self defense, the amount of force that you use to protect yourself should be proportionate to the amount of violence that was being used against you.
There is one difference between a battery charge and a homicide. The difference is a dead body. If you commit battery and the victim dies, you may be charged for the homicide. Here is an example of Jacksonville aggravated battery case that will likely result in a murder charge. First Coast News wrote a story about a man that recently died after being hit with a baseball bat:
“Joshua Andrew Heinz, 31, was at a party at his house watching NFL football when an argument broke out just before midnight, according to the Jacksonville Sheriff’s Office. JSO responded after the fight. Sgt. Michael Paul told the Times-Union that Heinz died at St. Vincent’s Medical Center early Sunday morning. The incident happened in the 11000 block of North Santa Fe Street off of St. Johns Bluff Road on the Southside. Paul said the verbal confrontation escalated until the person arguing with Heinz grabbed a baseball bat and hit him once in the head, according to the Times-Union. Paul did not provide any description of the suspect.”
Obviously Heinz will not be able to provide any additional information to police. Police are going to be looking for anyone that was at that party. Not only will they be searching for the suspect, but they will also be looking for witnesses. I would think that they would look through Heinz’ telephone records. I am sure that people called Heinz prior to coming over for the party. There may also be text messages showing the people that were at the house that night. Heinz would have either invited the suspect over to watch football or the suspect was a friend of a guest. Police probably have already search Heinz’ house for evidence. I am assuming that police will try to obtain fingerprints from the baseball bat. Police will be questioning people in reference to his homicide.
There is nothing wrong with speaking to a Jacksonville criminal lawyer before talking to a detective. Just because a person wants to talk to a Jacksonville criminal attorney, it does not make him or her a criminal. He or she may just be scared and want help understanding the procedures.