[soccerstar]

Hello. I was assaulted outside a Publix grocery store in Florida a few nights ago. The individual provoked me and a confrontation ensued. I was with my 5-year old son at the time. The individual blocked my way into the store and verbally threatened me and my son. He then bumped into me and again would not let me pass. I then kicked him (softly) in the behind. I was walking away and he punched me in the face (nose) from behind in a vicious attack. Blood was everywhere. A sheriff's deputy (off-duty) was on-site and held the individual there until the parametics and police came. The General Manager from Publix was also on-site and witnessed the events. Finally, the police determined that the individual could not be charged because the off-duty sheriff's deputy stated that I had hit first and that under Florida law, it would be considered a mutual affray. The Police did not reveal to me what the General Manager had seen or said. I am to pick up a copy of the police report on Friday. I would like to see this individual prosecuted both criminally and civilly. What are my chances?

[Mr. Knowitall]

In my estimation, very low. You shouldn't have restarted the dispute by kicking him from behind. If charges are filed, soft kick or not, that could result in your being charged as well.

[Happy Trails]

Hello. I was assaulted outside a Publix grocery store in Florida a few nights ago. The individual provoked me and a confrontation ensued. I was with my 5-year old son at the time. The individual blocked my way into the store and verbally threatened me and my son. He then bumped into me and again would not let me pass. I then kicked him (softly) in the behind. I was walking away and he punched me in the face (nose) from behind in a vicious attack. Blood was everywhere. A sheriff's deputy (off-duty) was on-site and held the individual there until the parametics and police came. The General Manager from Publix was also on-site and witnessed the events. Finally, the police determined that the individual could not be charged because the off-duty sheriff's deputy stated that I had hit first and that under Florida law, it would be considered a mutual affray. The Police did not reveal to me what the General Manager had seen or said. I am to pick up a copy of the police report on Friday. I would like to see this individual prosecuted both criminally and civilly. What are my chances?

I agree with Mr. Knowitall.

There is a lot more to this story then you are telling, but from what you have stated here, you and the other person were both out of line.

If it does result in criminal charges being filed, expect the whole story to be told.

Why didn't you walk away or call the police?

Seriously, why escalate the situation, especially in front of your child......

[MovingViolation]

Your guilty of assault. He's guilty of battery.

[aaron]

Even in a jurisdiction which doesn't have a criminal statute merging assault and battery, kicking somebody is a battery.

[MovingViolation]

Even in a jurisdiction which doesn't have a criminal statute merging assault and battery, kicking somebody is a battery.

Technically yeah but if there's no evidence of a injury (i.e. bruising) do you really think he would be charged with battery?

[aaron]

Read the original post.