Burglary of a Conveyance with Battery

[CothernT94]

My question involves criminal law for the state of: Florida

My husband pulled up at a gas station where a man he previously had issues with was in his truck and instantly started calling him racist names etc my husband started talking right back to him getting closer to his truck the man then spit in his face and my husband punched him in the face through the rolled down window. He immediately backed up and they had some more words but my husband then walked away. 8 months later he went to jail after being pulled over cause of debris falling out of his work truck he had a warrant all that time cause the man went to the police. They have my husband punching him on video from the gas station. My husband has been in trouble in the past for charges not related to this one but over 10 years old. I'm currently pregnant on bed rest with two toddlers my husband makes the majority of our household income and I just need an idea of what hes facing so we can all be prepared.

[Shadowbunny]

My question involves criminal law for the state of: Florida

My husband pulled up at a gas station where a man he previously had issues with was in his truck and instantly started calling him racist names etc my husband started talking right back to him getting closer to his truck the man then spit in his face and my husband punched him in the face through the rolled down window. He immediately backed up and they had some more words but my husband then walked away. 8 months later he went to jail after being pulled over cause of debris falling out of his work truck he had a warrant all that time cause the man went to the police. They have my husband punching him on video from the gas station. My husband has been in trouble in the past for charges not related to this one but over 10 years old. I'm currently pregnant on bed rest with two toddlers my husband makes the majority of our household income and I just need an idea of what hes facing so we can all be prepared.

What exactly has he been charged with? And what does his attorney say about what he's facing?

[flyingron]

I suspect 810.02 of the Florida statutes based on the subject line. Specifically, under paragraph (2)(a) this is a felony of the first degree because it involves both 'entering' the car and battery.

What he could get is up to 30 years and/or $10,000 fine. He needs a lawyer big time.

Being called racist slurs is not justification to assault someone. Even being spit in the face isn't (if that even happened). Retaliation is not self-defense.

[Taxing Matters]

Being called racist slurs is not justification to assault someone. Even being spit in the face isn't (if that even happened). Retaliation is not self-defense.

I agree, though I will note that spitting on another person is itself battery. The problem is that most gas station videos likely would not provide a good enough image to see the spitting; but a punch to the face would be easily seen.

Getting into a shouting match with idiots never does any good. You won’t win the argument, all you’ll do is inflame the other guy even more and that can end up badly, like it did here.

[flyingron]

Indeed spitting is battery, but reaching into someone's car to punch them in the face is not self-defense. Retaliation is not justification for battery.

[CothernT94]

I'm Well aware of how stupid he is so no need for comments I already know.
He was charged it 2nd degree burglary of a conveyance with battery. We're pursuing charges against the other guy as well for spitting. Though the guy moved out of state apparently. We don't have nor can we afford an attorney. Which is why I was asking on here in the first place. I need to be prepared with my kids. Though I don't see him doing serious prison time over this.

[flyingron]

If he is indigent, he should ask for a public defender. There is no way, with second hand incomplete information, that we can tell you how to mount a defense.
Frankly, I think the charge is a bit trumped up. Punching someone through a window, while assault really isn't "entering" the vehicle which supports the burglary charge.
Simple battery, which on the face of it is what this is, is only a misdemeanor. His lawyer will certainly consider trying to get a plea down to that if possible.

However, if you say the victim is not around, and provided your husband hasn't already incriminated himself by admitting to harming the other person, I would question whether the video alone is proof of either burglary or battery. Just because they see your husband take a swing through the window doesn't mean he connected. Again, the lawyer will look at the evidence and see what the state's case actually is.

Getting the other person charged will not make his situation any better. Understand that when a crime occurs, it is society that is harmed. It is not victim vs. defendant, it is the state that prosecutes. You have no right to have anybody charged.

[CothernT94]

If he is indigent, he should ask for a public defender. There is no way, with second hand incomplete information, that we can tell you how to mount a defense.
Frankly, I think the charge is a bit trumped up. Punching someone through a window, while assault really isn't "entering" the vehicle which supports the burglary charge.
Simple battery, which on the face of it is what this is, is only a misdemeanor. His lawyer will certainly consider trying to get a plea down to that if possible.

However, if you say the victim is not around, and provided your husband hasn't already incriminated himself by admitting to harming the other person, I would question whether the video alone is proof of either burglary or battery. Just because they see your husband take a swing through the window doesn't mean he connected. Again, the lawyer will look at the evidence and see what the state's case actually is.

Getting the other person charged will not make his situation any better. Understand that when a crime occurs, it is society that is harmed. It is not victim vs. defendant, it is the state that prosecutes. You have no right to have anybody charged.

Thank you.
I'm also curious if the officer who investigated the case. Got the dates completely messed up on the report could that be something in our favor.
For example: on the report the cop signed and dated swearing to my husband commiting a crime on April 27 2017 (which was a Thurs) then proceeded to say the vicitm came in on Thurs April 28th 2017 then he goes one explaining what the victim claimed happen. Then said he investiagted by going over footage on the 28th then at the end of everything they both sign and date April 27th. We're not even sure if they collected the video into evidence rather than just watching himself and swearing to what he seen. It may be nothing but just wondering.

[cbg]

That's not going to mean anything, no.

[flyingron]

What the victim told them can give them probable cause to file the charges, but they'll need his actual testimony unless there is other evidence showing the particulars of the crime.

The dates on the affidavits or whatever you're looking at are indeed largely immaterial.