I was wondering what the sentence is for that and what the statute of limitations is for this in the state of florida
I was wondering what the sentence is for that and what the statute of limitations is for this in the state of florida
"Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years."
See http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0784/SEC07.HTM&Title=->2007->Ch0784->Section%2007#0784.07
Since this crime isn't among the exceptions, prosecution must be commenced within 3 years after it is committed.
Does this mean the state has 3 years to prosecute the offender?
Also, does this apply to an offender who has vacated the state ?
You can read Florida's criminal statute of limitations in this thread.
If you're stating that he was charged and decided to be a fugitive, the statute of limitations stopped running the moment he was charged. Otherwise, generally speaking and with some exceptions, absence from the state can extend the statute of limitations by up to three years.
In other words, if he decided to become a fugitive then the state can prosecute without time limitations? Meaning, the statute of limitations do not apply to the accused if he decided to become a fugitive, is this correct?
If the accused becomes a fugitive then do the three years of commencement of prosecution apply or do the statue of limitations NOT apply to the fugitive allowing the state to prosecute at any time?
Once proceedings against the suspect have begun, or if he flees the jurisdiction, the SOL generally stops. In other words, if you flee, they can wait til you come back.
It's not a game of tag that allows for you to stay hiding long enough to avoid prosecution. if the state takes NO action against you within the SOL then they lose out. But, if they issue a warrant, or if you flee, then it can stop.
- Carl