Articles Posted in Assault and Battery

While criminal defendants are not required to set forth a defense, many do, and it generally takes a substantial amount of time to gather the facts and evidence needed to refute the State’s claims. Thus, if a defendant is denied the right to have sufficient time to prepare a defense, it can greatly impact his or her rights. This was demonstrated in a recent Florida case in which a defendant’s information was amended to include a burglary with assault and battery charge right before trial, but his request to continue the trial was denied.  If you are accused of assault and battery or other crime of violence, it is advisable to speak to a trusted St. Petersburg criminal defense attorney to determine your rights.

Factual and Procedural History

It is alleged that the defendant and a friend visited the home of another woman in August 2016. The friend, who was homeless, sometimes stayed at the woman’s home with her children. The defendant and the woman left the home but returned later that evening. The defendant then reportedly engaged in illegal acts and was driven out of the home by the friend. He was subsequently charged with numerous offenses.

Reportedly, one week prior to trial, the State filed an amended information, setting forth a burglary with assault or battery charge against the defendant. The State also identified three additional witnesses two days later. The defendant filed a motion to continue the trial to afford him additional time to prepare his defense. The court denied the motion, and the defendant was convicted, after which he appealed.

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