A Florida Department of Corrections officer was arrested this month, accused of punching another driver in what police described as a road rage incident. Police said the man got out of his car, walked up to another driver and punched the driver in the face, according to a report in the Florida Times-Union. The alleged victim did not have any visible signs of injury, but did tell police that his chin hurt from the punch, the newspaper reported. The suspect was taken to the Clay County jail and charged with battery. Battery in Clay County is a first degree misdemeanor, punishable by up to one year in the county jail.
There was nothing in the media reports that indicate what the alleged victim in this case did or did not do to warrant that alleged reaction from the defendant. But in most Clay County Battery Cases, there are two sides to every story. A Clay County Battery is a misdemeanor crime in which someone hits or otherwise makes physical contact with someone else during an altercation. A felony battery would be if someone uses a weapon, such as hitting someone with a bat or a bottle, or there is a more serious injury. People often confuse assault and battery in Clay County Misdemeanor Cases and use the two terms interchangeably. They are two completely different crimes.
According to Florida law, an assault is “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” In a Clay County Misdemeanor Case, assault is a second-degree misdemeanor, with less severe penalties than a Clay County Battery Case. The maximum penalty for a second-degree misdemeanor is six months in jail. The corrections officer could have more trouble with his employer than with the criminal justice system itself. Employers, especially the state, can have strict penalties on discipline for people when they are arrested. For Clay County Battery charges, there are often programs the state will often agree to that would have the charges dropped if certain conditions are met. In many Clay County Battery Cases, it could be anger management and other courses that a defendant could take, especially if they don’t have a prior criminal record. It’s unlikely that a corrections officer has a criminal record, so he would likely qualify.
People have a tendency to be at their worst behind the wheel and these Clay County Battery Cases are becoming more and more common. Our Clay County Criminal Defense Attorney has represented hundreds of people charged with misdemeanors and can help try to dispose of the case quickly so you or your loved one can get on with life.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Misdemeanor Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.