Articles Posted in Battery

Singer Sir Rod Stewart and his son, Sean Roderick Stewart, both entered a guilty plea to one count of simple battery Friday stemming from a New Year’s Eve 2019 incident outside a south Florida hotel.

Police claim that Stewart hit a security guard at the Breakers Hotel in Palm Beach on New Year’s Eve after his son got in the guard’s face and allegedly shoved him.

Hotel camera footage apparently showed that Stewart and his son were the aggressors in the incident leading to their arrests, according to an affidavit obtained by CNN.

The Stewarts did not appear in court Friday and pleaded guilty “in absentia,” according to court documents.

They were also order to pay $675 each in court fines.

Neither Stewart or his son were convicted of the crime or sentenced to jail or probation.

Under Florida Statutes Section 784.03, there are three types of battery: 1. Simple battery, 2. Aggravated battery, and 3. Felony battery. Battery happens when another person physically touches or strikes another person without their consent, or intentionally inflicts physical violence on another person.

While simple battery is the least serious of battery charges, these are still serious criminal charges that must be fought. Simple battery is a first-degree misdemeanor that involves physical contact that has resulted in minor injuries. If convicted, this crime carries penalties of up to one year in jail and a $1,000 fine.

Simple battery charges will be treated by police as serious crimes and the prosecution will examine various types of evidence to determine the strength of their case, such as:

  • Photos of any injuries
  • Photos of the scene where the alleged simple battery occurred
  • Statements (written or verbal) made by the alleged victim
  • Police reports from the scene
  • Medical records if the alleged victim sought medical care
  • Any 911 recordings from the alleged incident
  • Any witness statements
  • All other facts and circumstances leading up to the alleged act of simple battery

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Former Miami Hurricanes football star Mark Walton was arrested recently after police said an argument with a woman turned physical at a Miami parking garage.

The 21-year-old who now plays for the NFL’s Cincinnati Bengals faces a charge of battery.

A spokeswoman for the Miami Police Department said Walton and the woman began arguing around 4:30 p.m. because Walton was blocking the entrance to the parking garage in the unit block of Southeast Fifth Street.

The woman attempted to record Walton using her mobile phone, but Walton grabbed the phone, causing a brief struggle as the woman tried to get it back.

Walton and the woman had minor scratches, according to reports.

Walton was released on bond the next morning.

A person can be charged with battery if they make actual physical contact with another individual with the intent to injure, provoke, or insult that person. Simple battery is a first-degree misdemeanor with penalties of up to one year in jail or 12 months probation, and a $1,000 fine.If you or a loved one faces arrest or prosecution on charges of battery, it is important to contact our Miami Criminal Defense Attorneys at Whittel & Melton as soon as possible. We are zealous legal advocates that understand how the prosecution works and will attack their points to achieve the best possible resolution for our clients.

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