Am I Going To Be Okay?

My question involves criminal law for the state of: Florida

Last night a free friends and I threw rocks and eggs at a semi truck.

We did not cause an accident, no one was hurt, but there was $1000 in damage.

I am 18, they are all 16 so I was the only one arrested.

I have NO adult record. Crystal clean. I have felonys as a minor though.

I am being charged with

Make or Throw Destructive Devise (Felony)
Criminal Mischief(Mis)

Please tell me I wont serve jail time.

Its so stupid.

Also could I get the driver to drop these charges?

Florida Chapter 790:

790.161 Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties.--A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:

(1) Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.

(2) If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person, commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084.

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For a felony of the third degree, by a term of imprisonment not exceeding 5 years.

For a felony of the second degree, by a term of imprisonment not exceeding 15 years.

A fine not to exceed $10,000, when the conviction is of a felony of the first or second degree.

Or a fine not to exceed $5,000, when the conviction is of a felony of the third degree.

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Then you have a previous criminal record and the below could apply.

Habitual felony offender

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I didn't even address the misdemeanor charge, as the above is serious enough, you definately need a criminal defense attorney.

Please tell me the truck wasn't moving at the time.

I wouldn't be that proud of a clean adult record that is less than a year old.

That is like saying "I haven't committed a felony THIS year!"

Oh I'm so proud. :rolleyes:

I've been harassed enough. I know it was dumb.

They all did it, so did I.

I'm just wondering if theres any way to avoid jail time...

probation or anything

Part of the service is telling you the stuff that you shouldn't say in open court .... you know, the stuff the judge will laugh at you for saying.

Like "I have a clean ADULT record" at 18.

Your liklihood of prison is directly proportional to how good your attorney is.

Is the man driving the truck allowed to drop the charges?

Plus I'm only a Junior in high school and will be attending summer classes.

Wouldn't that be helpful is some way?

Q: Is the man driving the truck allowed to drop the charges?

A: No.


Q: Plus I'm only a Junior in high school and will be attending summer classes.

A: So?


Q: Wouldn't that be helpful is some way?

A: Apparently you have not been paying attention.

I'm not real sure the charge is proper. The only time I have ever considered an egg a destructive device is when my wife cooks them.:eek:

I haven;t read the definition of "destructive device" in Florida's statutes but I would guess it is something more akin to a bomb or other device designed to cause more damage than a simple thrown object would.



and minorS as a juvenile? Not starting out life very well, are you.

Tell the Judge that you did something stupid and you wish to take full responsibility for what I did.

He should give you probation and community service and a lecture.
Make sure you dress nice, look like you're a productive citizen.

Well I'm ****ed.

Thats all I needed to know, thanks.

My friend was charged with this offense last month and only got probation so maybe I'll get lucky who knows.

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Quoting LAWFULMOODZ

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Tell the Judge that you did something stupid and you wish to take full responsibility for what I did.

He should give you probation and community service and a lecture.
Make sure you dress nice, look like you're a productive citizen.

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Oh of course I'm going to do that.

I do take full responsibility, I'm going to pay all damages to his semi and everything.

I'm willing to do anything I can.

I'm not a bad kid. I made a stupid ass choice. I'm a good person and I've always been a very kind person and I hope karma exists and I will be praying at church extra these months.

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Quoting jk

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I'm not real sure the charge is proper. The only time I have ever considered an egg a destructive device is when my wife cooks them.:eek:
...

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I think you need to go with this kid to court as an expert witness.

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Quoting seniorjudge

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I think you need to go with this kid to court as an expert witness.

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vajayjayjay

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Quoting reptile329

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vajayjayjay

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I hate that song.

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Quoting jk

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I'm not real sure the charge is proper. The only time I have ever considered an egg a destructive device is when my wife cooks them.:eek:

I haven;t read the definition of "destructive device" in Florida's statutes but I would guess it is something more akin to a bomb or other device designed to cause more damage than a simple thrown object would.

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Under the "statutory" definition, you are correct jk.

790.001 Definitions.--As used in this chapter, except where the context otherwise requires:

(4) "Destructive device" means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. "Destructive device" does not include:

(a) A device which is not designed, redesigned, used, or intended for use as a weapon;

(b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;

(c) Any shotgun other than a short-barreled shotgun; or

(d) Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.


Since the poster said his friend was already given probation on the same charge, it would seem to indicate that the "case law" would include a rock as a "missle" or "projectile", both terms generic for any object thrown, not a "missle" in a military sense, etc.

Either that explains it, or I agree with you, someone is getting shafted!!

Remind me not to enjoy an egg salad dinner at your house. :)

http://www.clipfreaks.com/smilies/violin.gif Sorry judge. This is about the best I can do for the kid.

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Quoting jk

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http://www.clipfreaks.com/smilies/violin.gif Sorry judge. This is about the best I can do for the kid.

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When I was a snot-nosed teenager, all I ever threw was soft stuff.

I mean...MY FRIEND.

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Quoting reptile329

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Well I'm ****ed.

Thats all I needed to know, thanks.

My friend was charged with this offense last month and only got probation so maybe I'll get lucky who knows.

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I thought this incident occurred last night???

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Quoting reptile329

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Is the man driving the truck allowed to drop the charges?

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STAY AWAY FROM THIS GUY!!! But no, he can request the charges be dropped, but he is ultimately powerless.

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Plus I'm only a Junior in high school and will be attending summer classes.

Wouldn't that be helpful is some way?

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I fail to see how. You can, however; work on your highschool diploma/ged in jail.

Were the eggs rotten?