Fort Lauderdale Man Charged With Shooting 12-Year-Old In the Stomach

Fort Lauderdale Man Charged With Shooting 12-Year-Old In the Stomach

A 79-year-old man is charged with aggravated battery with a deadly weapon in Fort Lauderdale after allegedly shooting a boy, NBC Miami reports.

This is a serious charge levied against an older man. And he, and others like him, must have an experienced Fort Lauderdale Criminal Defense Attorney who will examine all aspects of the case and scrutinize all evidence the state intends to use at trial.

Battery charges in Florida can be charged as a felony and can lead to years or decades in prison, depending on the circumstances. Some people can get confused about the difference between battery and assault. Assault is threatening to do harm to a person, whereas battery is committing the physical abuse. Therefore, battery charges typically carry tougher penalties.

For instance, felony battery is punishable as a third-degree felony under Florida Statutes 784.03. That means a person can spend up to five years in prison, if convicted.

But Florida Statutes 784.045 defines aggravated battery, which is punishable as a second-degree felony and up to 15 years in a state prison. Aggravated battery means committing a battery while using a deadly weapon or intentionally causing disability, great bodily harm or disfigurement.

This particular case is a bit odd because, according to NBC News, the man was agitated at neighborhood boys knocking on his door. Police say boys were playing football in the street when the man came out of his house and fired a gun twice into the ground.

According to the news report, a bullet hit a 12-year-old boy who was outside playing. Police said the man intended to scare off the boys by firing the gun. Witnesses said the man allegedly came out of his house after a football hit the back yard. He was denied bond and was required to spend an extra day in jail before reappearing in court.

Along with base penalties that are laid out under Florida law, prosecutors can sometimes enhance the penalties against the defendant based on the use of a weapon, including a gun, knife, baseball bat and even a vehicle.

In cases of battery, an aggressive Fort Lauderdale Criminal Defense Attorney must examine all the evidence, including eyewitness statements, if there are any, the victim’s statement and what police officers write up in reports. Sometimes, the statements of witnesses contradict each other and can create doubt in the state’s case. In this case, whether the defendant is suffering from dementia or other health issues could also come into play.

There is also physical evidence that must be examined. State crime laboratories may very well be used to examine bullets and other physical evidence at the scene. Scrutinizing their work and questioning whether or not there are matches and physical probabilities that the defendant committed the crime are essential elements to a strong defense.

Perhaps most importantly is attacking whether or not evidence in the case should be used against the defendant. Filing motions to suppress evidence and statements can be crucial in eliminating evidence from trial if it was obtained improperly by police.

If you are arrested on gun charges in Fort Lauderdale or elsewhere in South Florida, contact Leifert & Leifert at 954-523-9600 or 561-988-8000 for a free consultation.

More Blog Entries:

Florida Man Arrested for Battery After Viagra Dispute: July 21, 2010
Additional Resources:

79-Year-Old Denied Bond After Shooting Boy, by Brian Hamacher and Hank Tester, NBC Miami

Palm Beach Gardens
  • Palm Beach Gardens
  • 800 Village Square Crossing
    Palm Beach Gardens, FL 33410
  • Wellington
  • 12230 Forest Hill Blvd
    Wellington, FL 33414
  • Ft Lauderdale
  • 507 SE 11th Ct
    #500
    Fort Lauderdale, FL 33316
  • West Palm Beach
  • 2101 Vista Parkway
    #1006
    West Palm Beach, FL 33411
  • Delray Beach
  • 2160 W Atlantic Ave
    2nd Floor
    Delray Beach, FL 33445
  • Plantation
  • 1200 S Pine Island Rd
    #220
    Plantation, FL 33324
  • Boca Raton
  • 2255 Glades Rd
    #324A
    Boca Raton, FL 33431
Get Direction
  • Boca Raton
  • 2255 Glades Rd
    #324A
    Boca Raton, FL 33431
iboca-raton-location
Get Direction
  • Plantation
  • 1200 S Pine Island Rd
    #220
    Plantation, FL 33324
Plantation-location
Get Direction
  • Delray Beach
  • 2160 W Atlantic Ave
    2nd Floor
    Delray Beach, FL 33445
Delray Beach
Get Direction
  • West Palm Beach
  • 2101 Vista Parkway
    #1006
    West Palm Beach, FL 33411
west palm beach location
Get Direction
  • Ft Lauderdale
  • 507 SE 11th Ct
    #500
    Fort Lauderdale, FL 33316
Ft Lauderdale
Get Direction
  • Wellington
  • 12230 Forest Hill Blvd
    Wellington, FL 33414
Wellington
Get Direction
  • Palm Beach Gardens
  • 800 Village Square Crossing
    Palm Beach Gardens, FL 33410
Palm Beach  Gardens
Palm Beach  Gardens
Wellington
Ft Lauderdale
west palm beach location
Delray Beach
Plantation-location
iboca-raton-location