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  1. #1
    Join Date
    Jul 2019
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    1

    Default Burgulary with Assault/Battery

    My question involves criminal law for the state of: Florida.

    I am the victim of this case and wanted to gather opinions and facts regarding the case. I live in a small, "good ol' boy" town and of course, it's all about WHO you know....
    The backstory:
    So I have a friend who recently won a small claims case against a woman(landlord) who she has had several nasty experiences with since moving out. She won the smalls claims case and was advised by the courts to place a lien on this ladies assets to try to recover the funds. They also advised her that they do not try to collect the funds AT ALL. Its left up to her to recover them by various tactics. They suggested to try to speak with the woman, let her know she had filed liens against her, and that maybe she would finally agree to just settle this. So, that being said, my friend asked me to accompany her to drop off the paperwork and to record the incident so that the lady would not be nasty to her. So I did, I was the driver. So we get to the ladies business, which is like a drive-thru store, my friend asked to speak to the lady. The lady came up to the window, remember I'm driving and holding my phone in clear view recording, she was handed the paperwork. After a minute of my friend talking to her, very nicely, she got mad because she knew I was recording. She then proceeded to reach into my vehicle and tried to snatch my phone from me. I was able to keep my grip on my phone and then the lady proceeded to swing on me instead. She missed me and hit the inside of my car instead. Her sister pulled her away to calm her. She then came back to the window and finished the conversation. Prior to that, I hadn't even spoke a word to the woman, and my friend was very civilized the whole time. I made a report with the city police. They agreed we handled it very nicely and were within our rights. They did their investigation and reviewed the video I had provided. The lady also had cameras that probably recorded a better angle of her trying to steal my phone and swing on me. The city police decided to charge her with burgulary with assault and battery. She was arrested later that day. She was bonded out in less than 12 hours with no appearance in front of a judge. I was told by someone that she shouldn't have been able to bond out until at least her first appearance. So just looking for some insight into this situation. Any help would be greatly appreciated. She is a woman with money and "friends" in high places. But I'm a business owner as well and hate corruption and fakeness. I plan to fight this tooth and nail so this woman can stop running all over people. She is known for this and most people are scared to fight her due to her money and statue. Not me. Thank you for any help

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Burgulary with Assault/Battery

    "They said" and "You were told" are nearly the most useless things in the law.

    She probably did appear. "Bond court" is held a couple of times a day often on video link to whatever judge has the duty.

    Understand, YOU don't really have any rights here. A crime is not VICTIM vs. DEFENDANT. It is society that is harmed by criminal behavior and the state prosecutes on behalf of society.

    I would recommend your friend get the assistance of an attorney for pursuing her judgment. For you, if you want more information on the process, contact CRIME VICTIMS SERVICES at the Florida AG office near you.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Burgulary with Assault/Battery

    Here's my summary of that long paragraph:

    Your friend won a small claims judgment against a woman. You and your friend accosted the woman at her place of business. In response, the woman attempted to attack you. The end. That's basically it, right?


    Quote Quoting Lovelyred
    View Post
    My question involves criminal law for the state of: Florida.
    You're aware that you didn't actually ask a question, right?


    Quote Quoting Lovelyred
    View Post
    The city police decided to charge her with burgulary with assault and battery.
    That's absurd. "For offenses committed after July 1, 2001, 'burglary' means:
    1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
    2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
    a. Surreptitiously, with the intent to commit an offense therein;
    b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
    c. To commit or attempt to commit a forcible felony, as defined in s. 776.08."

    FS 810.02(b).

    Rather obviously, nothing of the sort happened here.

    Likewise, battery requires an actual touching or causing of bodily harm. FS 784.03.

    The only crime committed by this woman was assault (arguably).

    Also, the police do not charge people with crimes. The investigate suspected crimes, make arrests, and refer cases to the state's attorney for the possible filing of charges.


    Quote Quoting Lovelyred
    View Post
    just looking for some insight into this situation.
    The criminal process is out of your control. There is nothing for you to "fight . . . tooth and nail." You're free to sue her in civil court for the assault. However, since you suffered no damages, it would be rather pointless to do so. Your and your friend's act of accosting this woman at her place of business was incredibly ill-advised, and I suggest you let your friend handle her own business.

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