[SUZYQUE]

My question involves criminal law for the state of: Florida
What is the range of punishment for 748.03 with arrest report at M, F?

State attorney wants to go with felony because if choking and restricting air.

[divemedic]

748.03? Not showing that statute.

[aardvarc]

She likely means 784.03:




784.03 Battery; felony battery.--

(1)(a) The offense of battery occurs when a person:

1. Actually and intentionally touches or strikes another person against the will of the other; or

2. Intentionally causes bodily harm to another person.

(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.



The State Attorney wants to charge the crime as this:


784.041 Felony battery; domestic battery by strangulation.--

(1) A person commits felony battery if he or she:

(a) Actually and intentionally touches or strikes another person against the will of the other; and

(b) Causes great bodily harm, permanent disability, or permanent disfigurement.

(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 of 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. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.

(b) As used in this subsection, the term:

1. "Family or household member" has the same meaning as in s. 741.28.

2. "Dating relationship" means a continuing and significant relationship of a romantic or intimate nature.

(3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Misdemeanors get measured in possible jail time, up to a year. Felonies get measured in prison time, in number of years.

[cyjeff]

Jail is county.

Prison is state.

Prison is to jail as jail is to freedom.

Prison is really bad.

[SUZYQUE]

Man (47) grabbed boyfriend (28) of daughter (23) by neck and threw him down on couch restricting air for a short while. Daughter and boyfriend tried to leave and mother and father blocked door. Father pulled back to punch (closed fist) boyfriend and mother stepped in between making fraction of a second for daughter and boyfriend to escape. Father yelled to boyfriend that he would not hesitate to drive 8 hours to get him (boyfriend lives in another state and they were there to talk about daughter moving). Father is 290 pound 6'1" drinking bully and boyfriend is 5'11" lean 170 pounds. Boyfriend filed report and at a later time and place, daughter filed report that matched facts exactly. Mother and brother came to daughters apartment and accused her of filing a false report while police were at location. Officer suggested that it was witness tampering and asked Mother and brother to leave. Battery occurred in front of 3 year old granddaughter that asked why papa was hurting him. My opinion is that daughter should pack up her apartment and daughter and move as soon as possible. I also hope that father has to pay a substantial price for his unacceptable behavior. Obviously I am the mother of boyfriend and I adore girlfriend and child (not his) who are just trying to make a happy family unit and live a "normal" life. It amazes me that she is such a mature, thoughtful woman having grown up in a family like that! Thanks for your help.

[SUZYQUE]

One more question please.

I am confused because it is not a household member or a sexual partner that did the battery. Is there still protection under the laws of battery? Thanks

[aardvarc]

Yes. The accused is apparantly the father of someone involved. Parent vs. adult child or adult child's significant other would qualify it as domestic violence.