Slapping Somebody After an Argument

My question involves criminal law for the state of: Florida

I was very recently attacked by large dogs which were off leash (in a public area where they were supposed to be on-leash). The dog owner saw that his dogs were attacking me (charging towards me barking, then jumping up on me), yet did nothing to attempt to rein in the dogs (no "bad dog" or "Down! Down!) or reassure me (No "Don't worry they won't bite"). Instead, he yelled at and insulted me, saying that it was entirely my fault. I shouldn't have presented the dogs with "fear behaviors," i.e. cowering and protecting myself. While I attempted to defend myself and remind him that his dogs needed to be leashed, his verbal, "in-your-face" aggression continued. Finally, I just snapped and slapped him (once) on the shoulder. At this point, he said that I had crossed a line and he either could or would call the police for "assault," (although battery is the correct term, since I never threatened him in any way). After I slapped him, I was shocked. I've never hit anyone before (much less a stranger in public). I wasn't even thinking that I was going to do it. It just somehow happened. After this, I walked away, then came back a while later (the path I was on dead-ended and I had to come back). The man was still there, now filming me with his iPhone as I approached. He said he was gathering "evidence."

I haven't heard anything from the police since this has happened, but am worried that this guy is just crazy enough to file a complaint. Do I have to worry? Is there anything I should do in the meantime? Can I assume that since the police didn't show up at the "scene of the crime," or come to my house since, I am out of the woods? Or do I have to worry about this for some time to come?

BTW, after this incident, I contacted several park officials and described the incident to them. I included the slapping, for which I sincerely apologized, but also wanted to let them know about this man's aggressive behavior. This man did not get my name or address (although he has me on video). The park officials have my first name and both my home and cell phone number.

How long ago is very recently? It's possible he didn't report it or if he did, they haven't connected the proper dots to come speak to you. If they do, say nothing without an attorney. You may be tempted to confess your sin and give your explanation but all that does is give them you confessing to the crime. In my opinion, you shouldn't have slapped him but it could easily be put down to an involuntary defensive response as you were likely jacked up on adrenaline at the time.

If he described things exactly as you did when he spoke to the police, hopefully they told him to piss off and control his dogs. That or pointed out he could also get tickets for failing to have his dogs on a leash if there is a leash law and he decided to drop it. I'd stay away from the are for a little while and don't rock the boat.

It was yesterday morning.

I have already planned not to go back to that park for a good, long time.

I have been very upset for the last day or so, asking myself why on earth did I do that? I am good at standing up for myself, but I am also good at self-control and, like I said, in a previous post, have never hit anyone before whether in public or at home. I am over 50 and have a 100% clean record -- i.e. zero arrests or even warnings. I do not know for a fact, but I think it's likely that it this isolated act of violence was in part triggered by a rebound effect from beta blocker withdrawal. (Beta blockers block the production of adrenaline in the body; thus the rebound effect includes an overproduction of adrenaline.) I was put on a beta blocker (for the first time) a couple of weeks ago after my first ever attack of atrial fibrillation. Since I was having nasty side effects from the medication (and I don't have other risk factors for heart disease), my cardiologist OK'd a tapering withdrawal. I have reduced the dosage even more conservatively than my doctor suggested. Everything was fine until three nights ago when I started have vivid, disturbing nightmares. I don't remember feeling particularly agitated yesterday morning, but it seems likely that all was not 100% normal with my adrenal system. This might also explain why I felt there no intent there. I didn't think: "Gee, I'd really like to slug this guy," then do it. My hand and arm somehow just did it and I was standing there like where on earth did that come from????

Of course, I am now aware of how this beta blocker withdrawal might be affecting my response to aggression, so I am being extra-careful. I am also tapering even more conservatively than before.

If the worst happened, and I were arrested, could this be used as part of my defense?

Of course, I hope I'm not arrested at all, as I am aware of how a simple arrest w/o conviction can still really screw up one's record!

That would be between you and your lawyer to decide.

My advice would be to stick simply to I was scared of the dogs, the man was being aggressive towards me and I panicked. Something along those lines.

P.S. I'd check in with your doc if you are having significant issues with the taper and follow their instructions to the letter.

Thanks for the suggestions. I know keep it simple!

Um... I'm being more conservative than my doctor -- i.e. withdrawing more slowly and carefully than he suggested.

Yeah but once you let them know there are issues, they may want to make adjustments. Guess I wasn't clear. Sorry about that.

OMG, I get so sick of the I took a new pill defense. I take about 25 pills a day, including opiates and multiple benzos'. the idea one pill caused you to break the law and get caught is crazy. Admit it, you bitch slapped him because you lost your cool and hire a lawyer to mitigate the damages.

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Quoting Disagreeable

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OMG, I get so sick of the I took a new pill defense. I take about 25 pills a day, including opiates and multiple benzos'. the idea one pill caused you to break the law and get caught is crazy. Admit it, you bitch slapped him because you lost your cool and hire a lawyer to mitigate the damages.

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Well, I do think your handle is well chosen! :friendly_wink:

If and when you get contacted by police about a complaint the guy filed or you get sued by the guy then that’s when you'll need to start worrying about getting a lawyer and what legal consequences you might face. The fact that he didn’t call the cops on the spot is helpful. If he didn't feel threatened enough to report it promptly then the police aren't likely to consider it worth pursuing either. Hopefully he understands that letting his dogs run loose and jump on strangers puts him in a potentially bad situation, too, should he try to make a big deal out this. Obviously, you want to ensure you don’t repeat this episode.

Thanks again!

I have been thinking even more about this incident and am feeling more and more that it is highly unlikely that he would press charges and even if he did file a complaint, there is little chance that I would be convicted, particularly if I had a good lawyer.

This is what I have realized upon further reflection:

1) After I slapped him, his response was not fear or anger, but glee. He was actually happy to have baited me into crossing a line. After I left, he stayed, probably knowing that I had to come back the same way. If he was so afraid and I was a threat, why did he stay there waiting for me? After I came back, and he was videotaping me, he followed me for about 5 minutes continuing to bait me and videotape me (during this time I did my best to reason with him and did not contact him physically in any way). Again, if I was such a threat, why on earth was he following me around afterwards taping me?

2) About 5 weeks ago, I was struck with sudden sensorineural idiopathic hearing loss in one ear. In addition to the hearing loss, I am also now suffering from balance issues (as well as tinnitus and aural distortions). Just one more reason why I felt self-protective and fearful when his dogs charged, then jumped up on me.