Personal Injury

When the unthinkable happens, do you know where to turn for help? Personal injury accidents occur every day throughout Florida. If you or a member of your family is involved in an accident-don’t go it alone. At Olowu Law, P.A., we handle personal injury cases throughout the State of Florida. We approach all Personal Injury cases with compassion for our injured clients and are committed to obtaining the highest compensation possible for our client's cases. If you have sustained an injury or have been harmed as a result of the negligence or actions of another, you may be entitled to some compensation. We specialize in handling car accidents, premises liability, slip, and fall, trip, and fall, medical negligence, and malpractice.

At Olowu Law, P.A., we understand that victims who sustained an injury are often too busy trying to recover from the accident and do not consider all the financial issues that arise from having an accident and how much money they might be entitled to in compensation. If you or your loved ones have been injured- contact Olowu Law, P.A., and let us get you the compensation you deserve.

Our promise is simple, Our Service Is Free If We Don’t Win – simply put - you have nothing to lose by contacting us today. We are available 24/7, and if you cannot come to us, we will come to you.

One of the key reasons I chose to start Olowu Law, P.A., was to make sure every client gets a personalized service tailored to their specific needs because if it matters to our client, it matters to us. We want our clients to be heard and understood in an increasingly lonely world. We want our clients to know they- Don’t have to go it alone-, no matter how small or big their case may be. Unlike other law firms, our clients are never just another number or potential income source, our clients are family.

Assault and Battery Crimes

Simple meaning of Assault: assault is an attempt to cause harm to another person where the violent act is never committed.

Under Florida law (Florida statutes 784.011), an assault is defined as an intentional, unlawful threat by words 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 the victim. There are different degrees of assault and punishment of each depends on their degree.

To prove the crime of assault, the State/Prosecutor must prove the following three elements beyond a reasonable doubt:

Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
At the time, defendant appeared to have the ability to carry out the threat.
The act of defendant created in the mind of victim a well-founded fear that the violence was about to take place.

Penalties/Punishment for Crime of Assault

Under Florida law assault is a 2nd-degree misdemeanor punishable by:

Up to 60 days in jail or

Up to 6-month probation and

Up to $500 fine and court cost

Common Defenses to Crime of Assault

Unreasonable fear: it is a defense if you can show that the victim did not actually believe the defendant would follow through with the threat. The victim did not genuinely fear that he or she would be harmed or touched.

Conditional threat: making a threat to harm someone in the future does not constitute assault because the threat is not imminent, and the defendant lacked the ability to carry out the threat.

Idle threat: A mere idle threat, unaccompanied by any physical act that substantiates a belief that the person will actually follow through with the threat, does not constitute an assault.

Aggravated Assault

Simple meaning of Aggravated Assault: an attempt to cause harm to another person with the use of a deadly weapon or intent to commit a felony where the violent act is never committed.

The Florida Department of Law Enforcement (FDLE) estimate that in 2020, over 60,567 aggravated assaults were reported in Florida.

Under Florida law (Florida statutes 784.021), aggravated assault is defined as an intentional and unlawful threat against another person with a deadly weapon or while in the commission of a felony, which creates a reasonable fear that violence or harm is imminent.

A weapon is deadly if used or threatened to be used in a way likely to produce death or great bodily harm.

To prove the crime of aggravated assault, the State/Prosecutor must prove the following four elements beyond a reasonable doubt.

Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
At the time, defendant appeared to have the ability to carry out the threat.
The act of defendant created in the mind of victim a well-founded fear that the violence was about to take place.
The assault was made with a deadly weapon, or the assault was made with a fully formed, conscious intent to commit felony charged upon victim.

Penalties/Punishment for Aggravated Assault

In Florida, the crime of aggravated assault is a third-degree felony, punishable by:

Up to 5 years in prison or

Up to 5 years of probation, and

Up to a $5,000 fine.

Note: this punishment can increase substantially to include mandatory prison sentence beyond the five years where a gun is discharged during commission of the crime or where defendants have length criminal history.

Common Defenses to Crime of Aggravated Assault

Unreasonable fear: it is a defense where the victim did not actually believe the defendant would follow through with the threat and the victim did not genuinely fear that he or she would be harmed.

Conditional threat: making a threat to harm someone in the future does not constitute aggravated assault because the threat is not imminent.

Idle threat: A mere idle threat, unaccompanied by any physical act that substantiates a belief that the person will actually follow through with the threat, does not constitute an aggravated assault.

BATTERY

Simple meaning of battery: the touching of another person in a harmful or offensive way without their consent or against their will.

To prove the crime of Battery under Florida law (Florida statutes 784.03) the State/Prosecutor must prove the following two elements beyond a reasonable doubt:

Defendant actually and intentionally touched or struck victim against his or her will.
Defendant intentionally caused bodily harm to victim.

Penalty/Punishment for the Crime of Battery

In Florida there are different categories of battery and the punishment for each depends on the victim involved, the kind of battery, whether a weapon was used, and/or the kind of injury involved. In Florida simple battery is a first-degree misdemeanor punishable by:

Up to 364 days in jail

Up to 12 months of probation

Up to $1,000.00 in fines.

Common Defenses to the Crime of Battery

Self-defense: a person is justified in the use of reasonable force in self-defense where the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other’s imminent use of unlawful force. In Florida there is no duty to retreat.

Use of force in defense of others or property: a person is justified in using non deadly force against another to the extent that the person reasonably believes that such conduct is necessary to defend another person or property.

Consent or mutual combat: it is a defense if the victim consented or gave you permission to touch him or her. It is also a defense where you and the victim were involved in fight.

Factual dispute about how the incident occurred: factual dispute as to how the battery occurred or who started the battery is a defense especially in cases with limited evidence or witnesses.

FELONY BATTERY

Simple meaning of felony battery: felony battery is the touching of another person in a harmful or offensive way without their consent or against their will, which results in great bodily harm.

Under Florida law (Florida statutes 784.041), a person commits felony battery by actually and intentionally touching or striking another person against their will; and causes great bodily harm, permanent disability, or permanent disfigurement.

To prove the crime of felony battery, the State/Prosecutor must prove the following two elements beyond a reasonable doubt:

Defendant actually and intentionally touched or struck victim against his or her will; and

Defendant caused victim great bodily harm, permanent disability, or permanent disfigurement.

Penalty/Punishment for Felony Battery

Under Florida law, the crime of felony battery is a third-degree felony, punishable by

Up to 5 years in prison or

Up to 5 years of probation, and

Up to $5,000 fine.

Common Defenses to Felony Battery

Self-defense: a person is justified in the use of reasonable force in self-defense where the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other’s imminent use of unlawful force. In Florida there is no duty to retreat.

Use of force in defense of others or property: a person is justified in using non deadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend another person or property.

Consent or mutual combat: it is a defense if the victim consented or gave you permission to touch him or her. It is also a defense where you and the victim were involved in a fight. Mutual combat is a recognized battery defense predicated upon both parties assenting to a physical altercation and therefore consenting to be touched as an understood consequence of that altercation.

Factual dispute about how the incident occurred: factual dispute as to how the battery occurred or who started the battery is a defense especially in cases with limited evidence or witnesses.

Injuries do not constitute great bodily harm: the harm or injury must be great not minor or moderate and there is no clear definition of what constitutes great bodily harm, but mere bruises are not enough to meet this element.

BATTERY BY STRANGULATION

Simple meaning of battery by strangulation- this is when a romantic partner or family member chokes another (victim) without their consent.

Under Florida law (Florida statutes 784.041(2)(A), a person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.

To prove the crime of domestic battery by strangulation, the State/ Prosecutor must prove the following three elements beyond a reasonable doubt:

Defendant knowingly and intentionally impeded the normal breathing or circulation of the blood of victim against his or her will by applying pressure on the throat or neck of victim or by blocking the nose or mouth of victim.
In so doing, defendant created a risk of great bodily harm to victim caused great bodily harm to victim.
Defendant was a family or household member of victim or in a dating relationship with victim.

Common Defenses to Battery by Strangulation

Self-defense: a person is justified in the use of force in self-defense where the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other’s imminent use of unlawful force. In Florida there is no duty to retreat.

Use of force in defense of others or property: a person is justified in using non deadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend another person.

Consent or mutual combat: it is a defense if the victim consented or gave you permission to touch him or her e.g., sexual partners having rough sex etc.

Factual dispute about how the incident occurred: factual dispute as to how the battery occurred or who started the battery is a defense especially in cases with limited evidence or witnesses.

AGGRAVATED BATTERY

Simple meaning of aggravated battery: it is battery with a weapon or battery that result in great injury or battery on a pregnant person.

Under Florida law (Florida statutes 784.045), there are three different circumstance that can transform a common battery into aggravated battery:1) whether a weapon was used during the commission of the battery, 2) whether the victim was pregnant, and 3) whether the battery resulted in great bodily injury.

To prove the crime of aggravated battery, the State/ Prosecutor must prove the following two elements beyond a reasonable doubt. The first element is a definition of Battery.

Defendant actually and intentionally touched or struck victim against his or her will, or intentionally caused bodily harm to victim.
Defendant, in committing the battery, intentionally or knowingly caused great bodily harm to the victim or used a deadly weapon.

Penalty/Punishment for Aggravated Battery

Under Florida law, (Florida statutes 784.045(2), aggravated battery is generally classified as a second-degree felony punishable by

Up to 15 years in prison or

Up to 15 years of probation, and

Up to $10,000.00 in fines.

Common Defenses to Aggravated Battery

Self-defense: a person is justified in the use of force in self-defense where the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other’s imminent use of unlawful force.

Use of force in defense of others: a person is justified in using non deadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend another person or property.

Consent or mutual combat: it is a defense if the victim consented or gave you permission to touch him or her. It is also a defense where you and the victim were involved in fight. Mutual combat is a recognized battery defense predicated upon both parties assenting to a physical altercation and therefore consenting to be touched as an understood consequence of that altercation.

Factual dispute about how the incident occurred: factual dispute as to how the battery occurred or who started it is a defense especially in cases with limited evidence or witnesses.

BATTERY ON AN ELDERLY PERSON

Simple meaning of battery on an elderly person means the touching of a person 65 years or older in an offensive way or without their consent.

Under Florida law (Florida statutes 784.08 (2)(C), to prove the crime of battery of an elderly person the prosecutor doesn’t necessarily need to prove that defendant actually knew the victim was 65 years of age or older. It is not a defense to the crime that you did not know the alleged victim was 65 years of age or older.

To prove the crime of battery on an elderly person, the State/ Prosecutor must prove the following three elements beyond a reasonable doubt:

The defendant intentionally touched or struck the victim against his or her will or
The defendant intentionally caused bodily harm to the victim; and
The victim was 65 years of age or older.

Penalty/Punishment for Battery on An Elderly Person

Under Florida law (Florida statute 784.08), the penalties for assault or battery are reclassified when the victim is 65 years of age or older. Below is the reclassification of the crime where the victim is 65 year or older.

In the case of assault from a misdemeanor of the second degree to a misdemeanor of the first degree.

In the case of battery from a misdemeanor of the first degree to a felony of the third degree.

In the case of aggravated assault from a felony of the third degree to a felony of the second degree.

In the case of aggravated battery from a felony of the second degree to a felony of the first degree.

Under Florida law (Florida statutes 784.08(1), if a person is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older.

The court must impose a minimum term of imprisonment of 3 years and a fine of not more than $10,000. The court must also order restitution to the victim if necessary and may require Defendant to perform community service work.

The court is not allowed to withhold adjudication or defer or suspend sentencing.

Common Defenses to Battery on an Elderly Person

Self-defense: a person is justified in the use of force in self-defense where the person reasonably believes that such conduct is necessary to defend himself or herself or another against such other’s imminent use of unlawful force.

Use of force in defense of others: a person is justified in using non deadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend another person or property.

Consent or mutual combat: it is a defense if the victim consented or gave you permission to touch him or her. It is also a defense where you and the victim were involved in fight. Mutual combat is a recognized battery defense predicated upon both parties assenting to a physical altercation and therefore consenting to be touched as an understood consequence of that altercation.

Factual dispute about how the incident occurred: factual dispute as to how the battery occurred or who started the battery is a defense especially in cases with limited evidence or witnesses.