STATE OF FLORIDA vs. JOSEPH HOBBY
Mr. Hobby was charged with Battery, which also served as the basis for a felony Violation of Probation charge. Without waiving speedy trial and in under 60 days, his defense counsel from Delgado & Romanik prepared for trial. Thanks to the counsel’s aggressive motion practice, the judge excluded audio tapes of jail calls (all jail calls are recorded), which the State failed to produce until the Friday before trial. Since the government had lost the parking lot video of the incident, defense counsel also successfully argued to exclude any reference to the video tape and prohibit witnesses from commenting on what was on the video that had been lost.
Defense counsel argued that our client acted in reasonable self-defense after having been harassed, intimidated, and threatened at the bus transfer station. Defense counsel successfully cross-examined the State's alleged victim, who was in jail awaiting trial on felony charges. Although the State presented eyewitness testimony from a parking lot attendant and a police sergeant, the jury rejected the government's witnesses and their argument, finding an emotional Mr. Hobby not guilty in less than 30 minutes.
Battery occurs when a person makes physical contact, be it a touch or strike, with another person who claims the incident happened against their will and without their consent. When trying to prove a battery occurred, it is the State’s duty to prove that the defendant intentionally touched or struck the victim.
In Florida, there are three main types of battery—simple battery, felony battery, and aggravated battery. Simple battery is a first degree misdemeanor that only requires an intentional and unwanted physical contact between two parties. A conviction for simple battery alone may result in a fine not exceeding $1,000 and imprisonment up to one year.
If the accused party has a previous conviction for battery, they may be charged with felony battery, at the discretion of the State. Since this is a third degree felony, a conviction for felony battery can result in a fine up to $5,000 and up to five years in prison.
Aggravated battery is essentially an enhanced felony battery charge as it requires the State to prove that the accused party intended to cause serious injury to the victim or that they used a deadly weapon. Due to the severity of this charge, it is classified as a second degree felony, punishable by a fine up to $10,000 and up to fifteen years in prison.
If you or a loved one have been accused of battery, you need a legal team with your freedom in mind that knows the ins and outs of successful battery defenses. Remember: the police and the prosecutor are not on your side and will be looking for you to say something that will compromise your freedom. Once you are represented by a criminal defense attorney, the prosecutor must speak with your attorney instead of speaking directly to you. Call our office 24/7 at 386.222.6677 for a free consultation with an experienced trial attorney or start your case online.
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