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  1. #1
    Join Date
    Dec 2008
    Posts
    1

    Default Will Felony Battery or a Misdeameanor Charge Be Filed

    My question involves criminal law for the state of: Florida

    My husband was fired from a job on the grounds that he had a felony conviction for Burglary in 1998. He was told "we got your paper work back today we know your an ex con and its against company policy to keep you"

    The person who fired him is now alleging that he shoved him to the ground with both hands and connected one punch to the chest. After telling him we would be let go because "he was not doing a good job".

    The officer that was called had us meet up with him in a parking lot for our statement. There was no witness to my husband hitting or shoving anyone, the district manager of the resturant said he only saw the manager on the ground after my husband was in his car leaving from the resturuant. Suppodesly a customer saw as well but did not stick around to give a statement to the police and they do not have that persons info to contact them. The officer let us leave and said he was not going to arrest him because of confliction stories and we would turn over his information to the state for their determination.

    My questions are # 1 how long before the state tells us if they are picking up the charges. # 2 what would be the charge ? there was no physical evidence on my husband or the manager stating any kind of altercartion occured. # 3 would this be a felony because of his prior charge or a misdemanor. He has never had any battery or assult charges before. Thank you in advance for your assistance !!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will Felony Battery or a Misdeameanor Charge Be Filed

    1. It takes as long as it takes, up to the point in time the statute of limitations runs.

    2. The charge will be whatever the charge is. That decision is made by the prosecutor, not by us.

    3. I doubt it, if the "injury" was really just somebody having to brush some dirt off of his behind. Was that the gist of it, or were the injuries more serious?

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