Am I Going To Be Okay?

[reptile329]

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?

[Happy Trails]

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.

[cyjeff]

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!"

[reptile329]

Oh I'm so proud.

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

[cyjeff]

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.

[reptile329]

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?

[seniorjudge]

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.

[jk]

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.

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.

[LAWFULMOODZ]

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.

[reptile329]

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.