| Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions. |
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02-27-2009, 02:01 PM
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Junior Member
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Join Date: Feb 2009
Posts: 2
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High School Fights
My question involves criminal law for the state of: Florida
Hi,
My friend and I got into an argument over facebook with these kids about one of the pictures we were in. The two kids go to a different high school and were talking crap so we exchanged words.
These kids now want to fight us, which I believe is mutual combat? Im 18, my friend is 17, and these two kids are both 16 or 17 I believe (we are all relatively the same size).
My question is, Can I get in any legal trouble if we actually do end up fighting? The kids both are asking to fight so if we all agreed on mutual combat can I get charges brought upon me?
This might go down tonight so I really need an answer!
Thanks
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02-27-2009, 02:24 PM
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Senior Member
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Join Date: Oct 2007
Posts: 2,237
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Re: High School Fights
Nope. Everyone involved can go to jail and face criminal charges. You are likely to be the one getting the brutal end of the legal stick, because you are a legal adult, battering a minor, which carries enhanced penalties (you'd get to be the new fish at the county jail, the others would be released to their parents). Just because someone is asking you to commit a crime, doesn't make it ok if you DO it. You're older than them. Act like it.
__________________
Catherine NeSmith
Executive Director
AARDVARC.org, Inc.
http://www.aardvarc.org
#1 lesson: The only person who can give YOU legal advice is YOUR attorney
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02-27-2009, 02:30 PM
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Junior Member
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Join Date: Feb 2009
Posts: 2
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Re: High School Fights
Alright even if its mutual combat? Say we fought and cops dont show and nothing happens, but a week later the parents want to file charges...
Can I still get in trouble even though I have online recordings and messages of threats and the kid saying hes gonna kill me?
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02-27-2009, 06:47 PM
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Senior Member
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Join Date: Jul 2008
Posts: 855
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Re: High School Fights
You may be 18, but you are acting like you are 12. Yes, it is still a crime.
In fact, you have already violated Florida Law.
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Quote:
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784.011 Assault.--
(1) An "assault" is an intentional, unlawful threat by word 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 such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
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Last edited by divemedic; 02-27-2009 at 06:50 PM.
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02-27-2009, 07:52 PM
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Senior Member
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Join Date: Oct 2007
Posts: 2,237
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Re: High School Fights
If the kid is saying he is going to kill you, the appropriate response is to report that assault to law enforcement, NOT to take the law into your own hands. You'll lose this arguement in court every time. And yes, any of the parents of the minor can report the incident (and you'd get a separate criminal charge for EACH person injured).
__________________
Catherine NeSmith
Executive Director
AARDVARC.org, Inc.
http://www.aardvarc.org
#1 lesson: The only person who can give YOU legal advice is YOUR attorney
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