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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Question Simple Battery Charge on a Minor

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

    Here's the situation:

    I'm a twenty-two year old male. My girlfriend and I were picking up her brother from his highschool. My girlfriend is eighteen, and just got out of the same highschool about a year ago. While we were waiting, a girl (who happened to be the age of seventeen) that still attended that highschool who knew and disliked my girlfriend had seen us sitting there. The girl then proceeded to mock and taunt my girlfriend saying quite vulgar and personal things. My girlfriend just sat there and took it, but I didn't. As the girl was walking away, I ran up to her and spat in her face. She then spat back in my face. I grabbed her sunglasses from her face and threw them, and then she grabbed my shirt and refused to let go. I struggled to get her away by kicking her around the thigh area. She then went to the school's athourity and told them I "punched her in the stomach." Luckily, the video camera that captured the incident will show I didn't "punch her in the stomach," but I did kick her. I'm still not sure about my charge; wether it would fall under the category of simple battery, and wether they will take her age (seveteen) into consideration? If this happens to be a simple battery charge, what consequences could I be facing when I go to court?

  2. #2

    Default Re: Simple Battery Charge on a Minor

    The spitting: battery. The grabbing the sunglasses off of her face: battery. Everything after that: icing on the cake. The getting out of the truck to start a confrontation when only words are involved: makes YOU the aggressor, regardless of what happened after that (especially when you are an adult male, she is a minor female).

    See:

    784.03 Battery; -

    (1)(a) The offense of battery occurs when a person:

    1. Actually and intentionally touches or strikes another person against the will of the other; or

    2. Intentionally causes bodily harm to another person.

    (b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    775.082:
    (a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year; (served in your local county jail)

    775.083:
    (d) $1,000, when the conviction is of a misdemeanor of the first degree.

  3. #3
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Simple Battery Charge on a Minor

    Does the fact that I have a clean record and that I am a first time offender help my chances of just getting probation, perhaps?

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