From Jacksonville, Florida Attorney
Cynthia Veintemillas of 20 Miles Law, PLLC
Cynthia, 20 Miles Law
Lindsay Lohan was arrested again. She was not arrested for possession of cocaine or another illegal drug. She was not taken to jail, because she violated her probation. She was not involved in a hit and run. She was not arrested for driving under the influence. What is left? She was arrested after being involved in a physical altercation at a night club. A news article on yahoo.com reported:
“The “Liz & Dick” star allegedly punched a woman in the face at the New York Manhattan nightclub Avenue at 4 a.m. on Thursday morning, a spokesperson for the NYPD confirms to omg!. The 26-year-old actress was arrested and charged with assault. She was later released after being issued a desk appearance ticket for a future unspecified date. She exited the police precinct at about 8 a.m. wearing the green dress she wore out the night before (with the front unzipped to nearly her waist) and a jacket over her head.”
If she were arrested for punching a person in Duval County, she may have been charged with Jacksonville battery. Florida Statute 784.03 states that simple battery is a misdemeanor. There is an exception for Jacksonville felony battery. Florida Statute 784.03(1)(a) defines battery as:
“1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.”
What if Lindsay Lohan was defending herself from an attack? That may have been why she hit the woman. If this altercation occurred in Duval County, Florida’s Self Defense Law may have protected Lohan. Jacksonville self defense is covered by Florida Statute 776.012. This self defense law states:
“A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.”
Lindsay Lohan may have been involved in a mutual fight with the woman at the New York night club. In Jacksonville, a mutual fight is not battery. Fights happen in Jacksonville dance clubs, such as Mavericks or Pure. Fights occur in bars in Jacksonville beach, such as the Ritz and the Brix. If both parties are at fault, this is often charged as Jacksonville affray or fighting. Fighting is found in Jacksonville Municipal Code 614.123. This fighting law states:
“It shall be unlawful and a class D offense for a person, while in a public place, to engage in a fight or mutual combat with another person or persons; provided, that this Section shall not apply to duly authorized or licensed boxing or wrestling contests.”
If New York has a law like this, Lindsay Lohan may be charged with fighting or affray. This will depend on the facts of her case.
Are you facing charges for battery in Clay County? Are you looking for a Jacksonville juvenile lawyer for your child? Do you need help with a fighting case in St. Johns County? Were you arrested for affray in Nassau County? Contact a Jacksonville criminal lawyer at 20 Miles Law. (904) 564-2525.