floater

i was charged in 2006 for verbal assault i have been going to court for almost two years now they have offered me a plea agreement of 245 day in the county jail well this morning i was in court picking my jury and over heard some of the other cases that were on the docket. around 14 drug charges in court today not on got jail time and here i am with my first time every being in trouble with the law and there plea agreement was 240 days where is the justice so its ok to have drugs and not ok to have a confrontation with an ex brother in law about stupid crap. we had words and i told him that lets just finish this like men and told him i was going to whip his @ss. wow i did not know that was a serious crime in florida

tyler0421

Thats horse$h*t!

John B.

that sucks...

__________________

SCUBA Junkie

Sorry if I sound skeptical, but there has to be more to the story than posted. Florida law defines assault as; an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Also, a simple assault is a second degree misdemeanor which makes the maximum sentence 6 months or 180 days. My guess is you were actually charged with aggravated assault, which is a felony, and alittle more than "calling someone out".

Tuna Man

<H2>The 2007 Florida Statutes</H2><H2><TABLE cellSpacing=0 cellPadding=0 width=595 border=0><TBODY><TR><TD><TABLE width=600><TBODY><TR vAlign=top><TD><CENTER>Title XLVI
CRIMES</CENTER></TD><TD><CENTER>Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE</CENTER></TD><TD><CENTER>View Entire Chapter</CENTER></TD></TR></TBODY></TABLE></TD></TR><TR><TD>

784.011 Assault.--

(1)An "assault" is an intentional, <U>unlawful threat by word</U> or act to do violence to the person of another, <U>coupled with an apparent ability to do so</U>, <U>and doing some act which creates a well-founded fear in such other person that such violence is imminent.</U>

(2)Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 5, Feb. 10, 1832; RS 2400; GS 3226; RGS 5059; CGL 7161; s. 1, ch. 70-88; s. 729, ch 71-136; s. 17, ch. 74-383; s. 7, ch. 75-298; s. 171, ch. 91-224.

775.083. (e)$500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

What might I be missing in the origional post???:banghead:banghead</TD></TR></TBODY></TABLE></H2>

ratzila

If you are gonna go to jail there should have been a bonafide a$$ whipping:doh:doh:doh

The court system is sometimes screwed up. All of the celebrities have the $$$ to keep their a$$es out of jail:boo:banghead:banghead:banghead:banghead

Kajun

i'm like scuba...i'm not buying it..you had to do more than just tell him you were gonna kick his a$$......if you didnt.. you would have to be crazy to ACCEPT a plea bargin of 245 days....sounds like you need a lawyer and not a court appointed attorney......court appointed lawyers work for the system..they dont give a rats a$$ about you...they will plea bargin anything if its less work for them....

floater

the reason they are making it such a big deal was because his kids were there in the vehicle

Tuna Man

Do you have a HISTORY that you are not telling us? I know you said "First time"

What County is this in?

How can a repeat offender have less of a minimum jail time of not more then "not to exceed 60 days" then the time they want you to do? He can't.

According to the State of Florida (not considering any local laws) the MAX punishment for a first, second, third etc (not previously served prison time)time "second degree misdemeanor" is $500.00.

The 2007 Florida Statutes

<TABLE width=600><TBODY><TR vAlign=top><TD><CENTER>Title XLVI
CRIMES</CENTER></TD><TD><CENTER>Chapter 775
DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF CRIMINALS</CENTER></TD></TR></TBODY></TABLE>

775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--

(4)A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(a)For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;

(b)For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

Tuna Man

For a first timer?? Show me where you found the ."maximum sentence 6 months or 180 days."

Nowhere in 775.083. is any jail time listed!

775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--

(b)For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.