Assault and Battery

Published on: February 7, 2022

New Orleans Saints Running Back Alvin Kamara Arrested for Battery After Pro Bowl in Las Vegas | Florida Criminal Defense Lawyers Whittel & Melton

by Whittel & Melton, LLC

Alvin Kamara, running back for the New Orleans Saints, was arrested on a battery charge Sunday in Las Vegas after playing in his fifth pro bowl.

Reports from the Las Vegas Metropolitan Police Department show that Kamara is accused of injuring another person at a Las Vegas nightclub sometime over the weekend.

Police said they were dispatched to a local hospital around 5:50 p.m. where an injury victim had reported that they were battered by 26-year-old Kamara.

Kamara played in Sunday’s Pro Bowl, making four catches for 23 yards, but was taken into custody and booked at the Clark County Detention Center immediately after the game. He was charged with battery resulting in great bodily harm.

Kamara spent Sunday night in jail and posted bond on Monday.

In the state of Florida, when an act of battery is committed against another person resulting in great bodily harm, this is considered Felony Battery – a third-degree felony that can land a person behind bars for up to five years. Battery is escalated to Felony Battery when a person intentionally touches or strikes another person with the intent to cause great bodily harm, such as broken bones, injuries that require surgery, permanent disability or permanent disfigurement.

Facing criminal charges for battery, with or without a weapon, is a very serious matter in the state of Florida and requires immediate legal representation from an experienced criminal defense lawyer right away. Our Florida Criminal Defense Lawyers at Whittel & Melton know the laws and how to navigate the Florida criminal justice system to help defeat misdemeanor and felony battery charges. We can handle all types of misdemeanors or felony assault and battery charges, such as assault, battery, aggravated assault, aggravated battery, domestic violence, and sexual assault and battery.

Whether you have been arrested following a bar fight, a domestic argument, or any other circumstance, we recommend remaining calm and keeping quiet. Do not try and talk your way out of these charges as you can end up doing more harm than good. Call our Florida Criminal Defense Lawyers at Whittel & Melton at 866-608-5529 and let us speak for you. We can guide you through the criminal justice process and help you understand how the police, prosecutors, and judges usually handle these types of violent cases. Depending on the facts of your case, we can work with the prosecution to negotiate a reduced a sentence or possible have the charges against you dropped. Continue reading

Published on: August 25, 2020

Mascotte City Manager Charged with Battery After Allegedly Poking Council Member During Altercation | Lake County Felony Battery Defense Attorneys Whittel & Melton

by Whittel & Melton, LLC

The City Manager of Mascotte City, which is located west of Orlando, was arrested Thursday and charged with disorderly conduct as well as felony battery following an argument with a city council member who apparently voted against renewing his contract.

The 62-year-old was detained after police responded to a fight outside the Mascotte Civic Center after a city council meeting Wednesday evening. The arrest report claims the man was fighting with the Mayor Pro Tem and her husband, who is Mascotte City’s fire chief.

Reports indicate that the fight erupted because the man’s three-year contract was not renewed after it ended June 17. Witness accounts state that the man was aggressive with the mayor and was poking her on the shoulder, bumping her with his chest, and swearing at her.

The mayor’s husband apparently stepped in and helped stop the alleged feud. Police claim they had to remove the man from the building so he would not follow the couple.

Following his arrest, the man was released from the Lake County jail a few hours later after posting a $2,500 bond.

A new acting city manager has been named.

Felony battery charges are nothing to scoff at. While these charges may seem extreme for the situation, they must be dealt with accordingly. If you are charged with the crime of battery, you need the assistance of serious litigators to help get you through the criminal process. A conviction could lead to large fines and time behind bars, as well as a permanent stain on your criminal record. If you are convicted of committing a violent felony, you could find it difficult to obtain a decent job and suitable housing in the future as you could be labeled a violent offender.

Our Lake County Felony Battery Attorneys at Whittel & Melton don’t want one simple mistake to ruin the rest of your life. We are here to listen to your side of the story and do everything we can to achieve a positive outcome for your situation, no matter how tough the case is.

Battery charges require an in-depth investigation. There are instances where alleged victims of violent offenses have fabricated the events for their own selfish purposes. We can conduct a further investigation into your battery charges to see if you were falsely accused. If you were falsely accused of a battery crime, we will fight aggressively to get the case against you dismissed.

In order to prove the crime of felony battery, the State must be able to show that you intentionally or willfully struck another person against their will and that the alleged victim suffered great bodily harm. Felony battery is classified as a third-degree felony in the state of Florida and could result in five years in prison, a $5,000 fine, and other punishments.

Just because you are accused of committing felony battery, this does not mean you are automatically guilty of this crime. There are numerous defenses to this crime, including self defense, factual disputes about the incident, the alleged victim’s accusations are entirely false, the injuries suffered by the alleged victim do not add up to great bodily harm, and the alleged fight was a mutual altercation. Our Lake County Felony Battery Defense Attorneys at Whittel & Melton can help you fight these charges so that you can get back to leading a normal life. The penalties and consequences of a conviction are very real, and we want to fight aggressively to have your charges dismissed or at least reduced to a misdemeanor.

As former prosecutors with the State of Florida we are quite familiar with how these cases are handled. Working both sides has given us valuable insight into how to achieve a successful outcome. While we cannot guarantee results, we can formulate a powerful defense strategy on your behalf.

Published on: January 8, 2020

Rod Stewart Arrested on New Year’s for Allegedly Punching Palm Beach Security Guard

by Whittel & Melton, LLC

Rod Stewart, who turns 75 on Friday, and his 39-year-old son Sean Roderick Stewart, were each charged with simple battery by the Palm Beach County Police Department after an alleged fight with a security guard on New Year’s Eve.

Police say father and son got into an altercation on Tuesday night with a man who was working as a security guard employed by the Breakers Palm Beach resort for a private event in a children’s area.

According to the probable cause affidavit, the 33-year-old guard, saw a group of people approaching the check-in table but they were not authorized to be there.

Published on: May 8, 2019

UF Football Player Arrested for Battery

by Whittel & Melton, LLC

A University of Florida junior cornerback was arrested by Gainesville police Monday and is facing a charge of simple battery/date violence following an alleged altercation with his girlfriend in his apartment.

The man and the woman got into an argument, and as she attempted to leave the apartment, the man apparently grabbed her by the neck to stop her, according to a Gainesville Police Department arrest report. Police claims she had marks on her neck and a scratch on her shoulder.

The man, 20, and the woman have been dating for two years, according to the report. A witness to the incident intervened in an effort to stop the argument and then called 911.

A simple battery charge is a misdemeanor under Florida law.

A battery charge can be emotionally fueled by the alleged victim and the person charged. These arrests usually arise from situations that are personal and highly emotional, and often involve misunderstandings that were blown out of proportion.

If you have been arrested for battery in Gainesville, our Alachua County Criminal Defense Attorneys at Whittel & Melton are here to help. Possible penalties can include jail time, fines, and a criminal record. We can help you avoid the penalties of a conviction. When possible, we will negotiate for a reduction or a complete dismissal of charges.

Regardless of the events leading up to your arrest, you need an experienced criminal defense attorney to defend your rights against your accuser. We will investigate all of the facts of your case and present your side to prosecutors and in court, when necessary.

Published on: December 20, 2018

Haines City Fire Department Lieutenant Charged with Domestic Violence

by Whittel & Melton, LLC

A lieutenant with the Haines City Fire Department faces a charge of battery domestic violence.

The 32-year-old was taken into custody Friday evening, according to the Polk County Sheriff’s Office.

A news release said the man “battered his girlfriend” after the two began arguing.

The woman allegedly had visible bruises on her arm, according to the Sheriff’s Office. The man is accused of holding the woman against a front door and punching her in the arm.

He was booked into the Polk County Jail.

The state of Florida is tough when it comes to charges of domestic violence. When police are called to a location where allegations of domestic violence have been made, officers are required to make an arrest if there is any sign of injury. Moreover, the state will not drop the charges just because the alleged victim changes their story.

The consequences of a domestic violence conviction are severe. You can face fines and jail time, and a record of domestic abuse can affect child custody and visitation decisions as well as impact your immigration status. These crimes cannot be expunged from your record.

Published on: April 30, 2018

Former Alachua County Manager Accused of Battery

by Whittel & Melton, LLC

Former Alachua County Manager Lee Niblock was booked on a misdemeanor battery charge in Collier County early Thursday evening, according to reports.

Niblock, 64, is charged with a misdemeanor battery in Marco Island — a city of 16,000 — where he was city manager for about three months following his termination in August 2017. Before he came to Alachua County, Niblock was Marion County’s manager.

According to the investigation, Niblock is accused of attempting to kiss and touch a woman after offering her a $140,000-a-year job that he created.

Gainesville police issued a sworn complaint in late March to the State Attorney’s office also recommending to charge Niblock with battery, detailing similar allegations.

Niblock was fired last month from his new job in Marco Island, for what the city council determined unethical behavior. He had a salary of $185,000.

According to the report released Thursday, Niblock met with a principal and her supervisor to discuss possible repairs to a baseball facility.

The two told law enforcement that Niblock, just one month on the job, made inappropriate comments and behaved oddly during the meeting. He commented on the principal’s appearance, saying her looks were distracting, and then proceeded to talk about a pair of open city positions.

The next day, investigators said, Niblock began texting the principal. He later offered to take her to dinner to discuss city and school business and insisted on picking her up, the report said. Investigators said Niblock attempted to recruit the principal for a newly created director of communications and government affairs position with a salary range of $92,000 to $118,000.

The principal claims the man behaved inappropriately during dinner and insisted on paying and said she could repay him with a kiss.

On the ride home, the report said Niblock attempted to touch the woman’s hand twice and that she pulled away. The report said he then grabbed her for a hug, then attempted to kiss her on the lips.

The woman told investigators the kissing and touching was unwanted. She said Niblock texted her seven times after the dinner and got no response, including sending her a link to WebMD, the report said.

In the weeks that followed, the woman told investigators, she began hearing rumors about Niblock bad mouthing her.

According to the GPD complaint, Niblock is being accused of battery, a first-degree misdemeanor, stemming from a June 2017 incident that involved a different woman in Gainesville and a “future job opportunity.”

There are a few different types of battery charges in Florida. In its simplest form, battery involves an unwanted or uninvited touching or striking to another person. The penalties for battery charges can be severe even if it is a misdemeanor offense. The good news is that there are many viable options for a battery defense under Florida law. Our Alachua County Criminal Defense Lawyers at Whittel & Melton can help you determine which defense might be available for your situation.

Simple battery is a first degree misdemeanor. The possible penalties include up to one year in jail or 12 months of probation. Fines up to $1,000 are also common.

Published on: July 19, 2017

Jaguars DE Dante Fowler Arrested in St. Petersburg

by Whittel & Melton, LLC

Jacksonville Jaguars defensive end Dante Fowler was arrested on charges of simple battery and criminal mischief Tuesday night.

Police say Fowler was driving in the Trellis at the Lakes apartment complex Tuesday night when a man walking nearby criticized his driving.

Fowler allegedly got out of his car, exchanged words with the man before hitting him, investigators said. Police claim the hit knocked off the man’s glasses, and Fowler stepped on them. He also allegedly grabbed the man’s grocery bag and threw it into a nearby lake.

The victim did not suffer any injuries.

Fowler was arrested and booked into the Pinellas County Jail.

Fowler is scheduled to report to training camp next week.

While both of these charges are misdemeanors, they still need to be dealt with accordingly. A conviction could result in jail time and fines. Our St. Petersburg Criminal Defense Lawyers at Whittel & Melton are committed to the aggressive defense of our clients when they are facing battery charges. If possible, we will fight for a dismissal of the charges. We pursue every legal defense possible to mitigate the potential penalties, so that you can move on from this unfortunate situation as unscathed as possible.

Published on: April 24, 2017

Kansas City International Airport Confrontation with Pilot, Passenger Results in Arrest

by Whittel & Melton, LLC

Surveillance footage linked here shows the tense moments leading up to an altercation last week between a pilot and a passenger at Kansas City International Airport in Missouri.

The video shows two men entering the airport through an American Airlines gate on April 12. One man is wearing a pilot’s uniform and the other is wearing a blue shirt – he is a passenger.

The passenger appears to follow the pilot through the airport, arguing with him.

The passenger apparently told authorities the altercation began when the pilot, who was traveling as a passenger on the same flight, was “taking up too much room on the aircraft and being disrespectful,” according to an incident report filed by the Kansas City International Airport Police Department.

The passenger allegedly followed the pilot “outside the secure area” in an attempt to take a cellphone photo of his badge, according to reports.

The video shows the passenger’s cellphone being knocked out of his hand as the pilot tries to block his badge. The passenger allegedly grabbed the pilot by the shoulders and pushed him away, causing the pilot to trip over his own luggage.

After the physical altercation, the pilot apparently tried to leave the concourse to meet his wife waiting outside in a car. The passenger followed him, talking to the pilot and trying to take a photo of the car’s license plate, before airport police intervened, according to the incident report.

Police said that the incident was captured on video from the security cameras in the airport and that the footage was saved for further review.

Although the pilot walked away from the altercation, he “suffered lacerations to both legs and bruising to his forearm,” according to the incident report.

The passenger, a 49-year-old man, has been charged with “intentionally inflicting injury” on the pilot. His court date is set for May 16, according to court documents. He could face a fine or up to 180 days in jail.

Battery is a criminal charge that involves bodily injury against another person. Basically, a battery charges involves some type of willful and unlawful physical contact with another person. Battery charges are taken very seriously by law enforcement officers and prosecutors, so it is important to retain legal help as soon as possible to combat these charges.

Published on: June 10, 2016

Violent Crime Up In Flagler County

by Whittel & Melton, LLC

The good news is that overall crime is down in Flagler County, but the bad news is that violent crime is up in many categories.

According to the Florida Department of Law Enforcement’s Uniform Crime Report, the rates of rape, aggravated assault, burglaries and stolen vehicles all increase in 2015. There was also one murder in the county, up from zero in 2014.

Flagler County’s sheriff says his deputies have managed to keep the crime rate low for a long time. And despite increases in key categories, the overall crime rate is still down .6 percent.

The increase has been blamed on population growth. In the last four years, the county’s population has grown by about 10 percent.

The sheriff said whenever they start to see a spike in crime in specific areas, they flood the zones with patrols.

Statewide, crime is also up in several categories, although overall crime is down 1.6 percent.

In 2015, the crime rates rose in the following categories:

Murder: 5.7 percent
Rape: 6.1 percent
Fondling: 2.0 percent
Aggravated Assault: 3.9 percent
Motor vehicle Theft: 12.4 percent

The report also breaks down domestic violence-related crime by category. Overall, domestic violence-related crime is up .5 percent.

Published on: April 28, 2016

Former Miami-Dade Mayor Charged in Domestic Dispute

by Whittel & Melton, LLC

A former Miami-Dade County police director and mayor is facing a domestic violence-related charge following a fight with his longtime girlfriend.

A Coral Gables police report claims the man turned himself in Wednesday, and he was charged with battery.

The arrest report describes that the man’s girlfriend went to his home Saturday to return a cat, and the two began to argue. The woman told police that the man grabbed her by both arms and pinned her against a wall. The report accuses the man of yelling profanities at the woman and spitting at her.

Investigators said the woman’s injuries were consistent with her statement.

The woman and her teenage daughter told police a pattern of domestic violence had developed since 2013, according to reports.

If you have been accused of domestic violence, the best thing you can do to help your case is to get an attorney involved now. Time is of the essence when it comes to these cases. Prosecutors file charges very quickly in regards to domestic disputes, so it is important that an investigation is conducted as soon as possible so that the best defense strategy can be applied. Each case is unique and varies based on facts specific to the case. However, it is best to not delay in obtaining legal representation so that your chances of reducing the charges or obtaining a favorable outcome is not compromised.

It is impossible to predict what will happen with your case without knowing the facts. Punishment varies in each case and depends on whether there are any prior offenses, the extent of any injuries, whether there were any weapons involved, the conduct alleged, whether physical or verbal violence occurred, including making a criminal threat or stalking.