Four Kids in Altercation

gatorbassett06 · #1 07-22-2008, 10:39 AM

My question involves criminal law for the state of: Florida
On 2/22, my son(12) was catching is breath on a side street. A ball fell behind him. Two boys told him to give him the ball. My son, who has high functioning autism, didn't respond right way. The two boys began hitting my child. My child stood up. One child who had a necklace on, pick up my son and threw him to the ground. In defense, my son scratched the other child's neck and apparently a necklace broke. I was alerted by my son's walkie talkie. I came to the situation, both boys admitted to what I stated above. I help the other kid look for his necklace being polite, but left witin 5 minutes. 2 hours later, Alachua County Sheriff's office came by and wanted to verify what had happened, wanted to know my child's disablitiy, teacher's name, educational program, etc. Nothing happened until 5/11 when boy's father came to my house giving me a bill for to replace the necklace. I did not accept the bill. Boy's father stated, " if you don't pay, I will have your child charged with assault and battery". On 7/17, I recieved a call from Teen Court saying that if my son pleads guilty and pays 125, mattered would be settled. I, filed a police report stated the above including the father's threats. Is the father's threat extortation, and if my son is being charged, why isn't the other boy? Thanks for your advice. My son who is autisic was caught in a bad situation. I no longer let my son ride his bike without an adult and I took my son back and forth to school fearful of any neighborhood retaliation. Thanks.

aaron · #2 07-22-2008, 11:12 AM

Did you attempt to press charges against the other boy? If not... there's your answer for why no charges were pressed against the other boy.

gatorbassett06 · #3 07-22-2008, 04:24 PM

Yes, I asked the police to press charges; however, is what the father did extortation? Thanks, again.

aaron · #4 07-22-2008, 06:13 PM

Florida law provides,

Quoting Florida Statutes, Sec. 836.05 Threats; extortion.

Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

If the father believed he was entitled to reimbursement, whether or not that belief was justified, as defined by statute it's not extortion.

gatorbassett06 · #5 07-22-2008, 07:39 PM

I makes no sense to me that "malicious" does not mean "if you don't do this, I 'm going to file criminal charges".

This father yelled at me and my children on my property and scared us to the point where I called family members for help. My mistake is that I did not call the police. So, what you are saying is that I have no recourse for his actions, even though as a family unit, we continue to live in fear as this person knows where we live, where I work, etc? Would a victim's advocate help?
Thanks again.