My Dad & I were charged with Misdemeanor Battery

[william71]

What is the name of your state Florida?

OK, this is completely crazy! My Dad and I walked into out neighborhood supermarket the other day when a guy in his late 20s and his wife were leaving te supermarket at the same time we were walking in. The guy assumed I was checking out his wife as they left and decided to comfront me before he walked out the door.

He came up to me and said, "why the hell are you checking out my wife"! I told him I wasn't and that she's not my type and he became angry. Words were exchanged between him & I and it started to get pretty heated. I told his wife to get her husband out of here but he persisted to get aggressive. He got in my face and I shoved him back; just then my Dad stepped in and told the guy to just leave when he threw a punch at my Dad. In self defense my Dad punched back and gave him a bloody nose. The fight was broken up and the cops were called.

My Dad and I ended up going to jail under 'simple battery' misdemeanor. We posted bail. There were some people in the grocery store who said we started it and some people that said we didn't. There's a lady that lives down the street that said she saw everything and said she would testify for us. We have not received our court date yet; how should we proceed with this? Should we get lawyer or consult with a public defender? What is likely to happen?What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state Florida?

OK, this is completely crazy! My Dad and I walked into out neighborhood supermarket the other day when a guy in his late 20s and his wife were leaving te supermarket at the same time we were walking in. The guy assumed I was checking out his wife as they left and decided to comfront me before he walked out the door.

He came up to me and said, "why the hell are you checking out my wife"! I told him I wasn't and that she's not my type and he became angry. Words were exchanged between him & I and it started to get pretty heated. I told his wife to get her husband out of here but he persisted to get aggressive. He got in my face and I shoved him back; just then my Dad stepped in and told the guy to just leave when he threw a punch at my Dad. In self defense my Dad punched back and gave him a bloody nose. The fight was broken up and the cops were called.

My Dad and I ended up going to jail under 'simple battery' misdemeanor. We posted bail. There were some people in the grocery store who said we started it and some people that said we didn't. There's a lady that lives down the street that said she saw everything and said she would testify for us. We have not received our court date yet; how should we proceed with this? Should we get lawyer or consult with a public defender? What is likely to happen?What is the name of your state (only U.S. law)?

**A: yes, hire your own attorney.

 

[LeeHarveyBlotto]

What is the name of your state Florida?

What is likely to happen?What is the name of your state (only U.S. law)?

All four of you go back to the trailer park and make peace with some Bud Light and shots of Jack?

 

[william71]

All four of you go back to the trailer park and make peace with some Bud Light and shots of Jack?

I'd second that suggestion but somehow I don't think a judge in this country is going to rule that...

 

[CdwJava]

If you can afford your own attorney, you likely will not qualify for a public defender.

These cases are often dropped out here when you have what are, essentially, mutual combatants. If there are witnesses on both sides of the issue and no video to ascertain who was the primary aggressor, it could be that EVERYONE gets charged, or no one gets charged.

You might consider consulting an attorney early on so that you might be able to head this off at the pass.

 

[william71]

If you can afford your own attorney, you likely will not qualify for a public defender.

These cases are often dropped out here when you have what are, essentially, mutual combatants. If there are witnesses on both sides of the issue and no video to ascertain who was the primary aggressor, it could be that EVERYONE gets charged, or no one gets charged.

You might consider consulting an attorney early on so that you might be able to head this off at the pass.

CDW; excellent advice CDW!! I will definitely cosult with lawyer regarding this case (as I'm sure most lawyers will say I need to hire them). Someone also told me that there's a law for striking senior citizens. I'm not sure if my Dad qualifies as a senior but he's definitely up there in age. Thanks again for the advice!

 

[CdwJava]

Keep in mind that elder abuse laws tend to deal with issues involving seniors being targeted because of their age or assaulted/taken advantage of by caregivers or family. A stranger popping an old man may not qualify. But, if the whole thing is seen as a mutual fight, then the matter is likely moot anyway.

 

[FlyingRon]

Retaliation is NOT self defense.
When two people go duking it out, it's battery. He hit me first doesn't work any better in court than it did with your mommy.

 

[cyjeff]

Let's not forget that junior here was the first to get physical.

 

[william71]

Retaliation is NOT self defense.
When two people go duking it out, it's battery. He hit me first doesn't work any better in court than it did with your mommy.

Let's not forget that junior here was the first to get physical.

Fortunately, FlyingRon & CYJeff are both Wrong. Not to mention that FlyingRon has answered threads in the past and has been completely wrong in his answers. There is a fine line between retaliation and self defense, and NO I was not the first to get physical if you read this post correctly.

Seeing as we have witnesses to testify that he threw first punch works VERY MUCH so in a court of law. I'm sure glad FlyingRon isn't a lawyer. I'm stick with CDWs point of view, thank you.

 

[cyjeff]

Fortunately, FlyingRon & CYJeff are both Wrong. Not to mention that FlyingRon has answered threads in the past and has been completely wrong in his answers. There is a fine line between retaliation and self defense, and NO I was not the first to get physical if you read this post correctly.

Seeing as we have witnesses to testify that he threw first punch works VERY MUCH so in a court of law. I'm sure glad FlyingRon isn't a lawyer. I'm stick with CDWs point of view, thank you.

You said, and I quote, "He got in my face and I shoved him back."

YOU were the first to get physical. You lose.

And then dad got involved... and it would have appeared to any rational person that he was outnumbered and would need to fight back.

 

[>Charlotte<]

Striking someone to prevent them from hitting you is self-defense. Striking someone because they hit you is retaliation. Shoving someone because they "got in your face" is assault. It's pretty obvious which was which.

Should we get lawyer or consult with a public defender?

Public defenders aren't for people who don't want to hire lawyers, they're for people who can't afford lawyers.

 

[william71]

Striking someone to prevent them from hitting you is self-defense. Striking someone because they hit you is retaliation. Shoving someone because they "got in your face" is assault. It's pretty obvious which was which.



Public defenders aren't for people who don't want to hire lawyers, they're for people who can't afford lawyers.

OK, this is just retarded. Sounds like a fine line between retaliation and self-defense and proving which one you chose is probably left to ones word. Now, if you want to get technical I can also say he assaulted me when he spit on me and started yelling at me to step outside. That's called a threat and is deemed an 'assault'......

I suppose I won't be taking your advice either genius!

 

[>Charlotte<]

I suppose I won't be taking your advice either genius!

I didn't give you any advice, stupid.