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Aggravated Battery Against a Parent

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  • 07-19-2007, 08:49 AM
    norwaysol
    Aggravated Battery Against a Parent
    son's story
    daughter and her husband are staying in our home and have been arguing for the past week, since they moved in. son got aggravated at them and opened his door and said to stop. he went back in to his room and the agruing still persisted. son came back out and yelled at them again. daughter started yelling back therefor they started arguing. daughter got onto husband saying "your gonna let him talk to me like that!" husband got up and got between the two to keep them apart. husband pushed son 3 times and son seen fist so he swung first, breaking the husbands jaw(son swung twice though).husband hit son in eye causing black eye and a blood vessel broken. daughter also joined in, hitting son numerous times and husband grabbed sons hair and started slamming his head into the concrete floor.then the fight was over.

    daughter and husband's story
    son came out yelled at her and husband in a smart alic way. daughter said "fine but could you ask in a nice way." then daughter lowered voice and son came out again yelling for them to stop. name calling began..husband got in between and shoved both away from each other. son turned towards his room so husband started towards going outside. son turned back around and sucker punched husband twice in the jaw,breaking it. husband punched back in the eye and son stopped.fight was over.
    *husband is on probation in 3 diff. counties
    *husband and wife discussed concerns w/me before going to hospital

    ending
    after the fight there was, of course, arguing. then daughter and husband left to go to the hospital. police were involved. at 3 in the morning police showed up and arrested son with aggravated battery.

    questions
    if its sons first offence, how long is the sentencing?
    is there anyway to get the charge lowered?
    how come the husband isnt being charged?
    how would we know the truth? what do i do?
    daughter and husband say son will only end up with probation and anger management classes ,since its his first offence..is that true?
    **son is only 18 and i feel there is lying going around
    **we live in Florida
  • 07-20-2007, 12:52 AM
    Guilty Or Not Guilty
    Re: Aggravated Battery
    Quote:

    Quoting norwaysol
    View Post

    questions
    if its sons first offence, how long is the sentencing?

    It depends if he was reported using a weapon or not.
    Fla. Stat. Ann. § 784.045. Section 784.045 provides that:
    (1)(a) A person commits aggravated battery who, in committing
    battery:
    1. Intentionally or knowingly causes great bodily harm,
    permanent disability, or permanent disfigurement; or
    2. Uses a deadly weapon.

    Quote:

    is there anyway to get the charge lowered?
    Get an attorney. Have the attorney speak with the District Attorney.

    Quote:

    how come the husband isnt being charged?
    Usually it is "first come first serve." Since the husband was the first to mention it to the police while he was in the hospital, it gives him an advantage. He probably changed some of what happpened around.

    Quote:

    how would we know the truth? what do i do?
    Have them all take a lie detector test.

    Quote:

    daughter and husband say son will only end up with probation and anger management classes ,since its his first offence..is that true?
    That sounds more like an assault and battery charge. It all depends on the judge, district attorney, charge and plea.
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