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Grouper
 
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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
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Grouper
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Thats horse$h*t!
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White Marlin
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that sucks...
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Trigger
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| 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 a little more than "calling someone out".
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Illustrious Illuminated High Mullet
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The 2007 Florida Statutes | 784.011 Assault.-- (1) An "assault" is 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. (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??? |
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>I'm a Sagittarius...If you don't want to hear the truth then don't ask my opinion!
Then again I'm a "Vacuous Asshat"  Political Correctness:
A doctrine fostered by a delusional, illogical liberal minority, and rapidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end. Century 25' Mirada 350/260HP "ISLAND LADY" >>>> Calera, Alabama My Pictures
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Trigger
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Mingo
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| 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....
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Grouper
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the reason they are making it such a big deal was because his kids were there in the vehicle
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Illustrious Illuminated High Mullet
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floater (1/14/2008)
the reason they are making it such a big deal was because his kids were there in the vehicleDo 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 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.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>I'm a Sagittarius...If you don't want to hear the truth then don't ask my opinion!
Then again I'm a "Vacuous Asshat" Political Correctness:
A doctrine fostered by a delusional, illogical liberal minority, and rapidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end. Century 25' Mirada 350/260HP "ISLAND LADY" >>>> Calera, Alabama My Pictures
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Illustrious Illuminated High Mullet
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SCUBA Junkie (1/14/2008)
Also, a simple assault is a second degree misdemeanor which makes the maximum sentence 6 months or 180 days.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.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>I'm a Sagittarius...If you don't want to hear the truth then don't ask my opinion!
Then again I'm a "Vacuous Asshat" Political Correctness:
A doctrine fostered by a delusional, illogical liberal minority, and rapidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end. Century 25' Mirada 350/260HP "ISLAND LADY" >>>> Calera, Alabama My Pictures
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