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Re:intentionally run down by a motorist yesterday
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TOPIC: Re:intentionally run down by a motorist yesterday
#684705
GNR10 (User)
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Re:intentionally run down by a motorist yesterday 4 Years, 2 Months ago  
Well, the state has the case and will be doing whatever it is they do. Court Docket shows next court date as Nov 5 2013 at 1:30 PM in Judge K.R. Lester Jr's court. I just need to wait for the state to contact me.


This the best summary I have found of what could be the turnout. I think it's time to petition state lawmakers for some changes to the existing laws.



Assault and Aggravated Assault
Summary
An assault is when a person says or does something that creates a well-founded fear in another person that they are about to suffer an act of violence. Taking a swing at someone or lunging at someone are both examples of simple or second degree misdemeanor assaults. When a person commits an assault with a deadly weapon (such as trying to hit someone with a motor vehicle, raising a bat or weapon at someone, pulling a firearm on someone), or with the intent of committing a felony, it is an aggravated assault, which is a third degree felony.

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.

784.021 Aggravated assault.—

(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree,

Elements

To prove the crime of Assault, the State must prove the following three elements beyond a reasonable doubt:
1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
2. At the time, defendant appeared to have the ability to carry out the threat.
3. The act of defendant created in the mind of victim a well-founded fear that the violence was about to take place.

To prove the crime of Aggravated Assault, the State must prove the following four elements beyond a reasonable doubt. The first three elements define assault.

1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
2. At the time, defendant appeared to have the ability to carry out the threat.
3. The act of defendant created in the mind of victim a well-founded fear that the violence was about to take place.
Give 4a or 4b as applicable.
4a. The assault was made with a deadly weapon.
4b. The assault was made with a fully-formed, conscious intent to commit crime charged upon victim.

If 4b is alleged, define the crime charged.

Definition. Give if 4a alleged.

A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm.

Give if 4a alleged.

It is not necessary for the State to prove that the defendant had an intent to kill.

Penalties/Sentencing

Criminal charges are designated as varying degrees of misdemeanors and felonies, according to the Florida Criminal Code, Chapter 775 of the Florida Statutes. Each offense is further categorized into levels according to an “Offense Severity Ranking Chart” and assigned a corresponding point value. The points are calculated and form the basis for the guideline sentence that the court should impose, according to the Florida Criminal Punishment Code, Chapter 921 of the Florida Statutes.

The range of penalties that may be imposed for Assault and Aggravated Assault is:

Assault – second degree misdemeanor:

1. Up to 60 days in jail;
2. Up to 6 months of probation;
3. Up to a $500 fine

Aggravated Assault – third degree felony/Level 6:

1. Up to 5 years in prison;
2. Up to 5 years of probation;
3. Up to a $5,000 fine

In addition, the court may order community service and classes/counseling, among other reasonable penalties, as part of the sentence. The court and/or the laws of Florida may also require the suspension of your driver’s license and registration as a felon.
A person may also face secondary consequences due to a criminal sentence, such as deportation (if not a U.S. Citizen), the loss of civil rights (such as the right to vote, possess a firearm, or to serve on a jury), and the loss of employment and educational opportunities, among others.

If a firearm is used or if the alleged victim is a law enforcement officer, firefighter or EMT, then the offense qualifies for a 3 year minimum mandatory prison sentence, if convicted.

Aggravated Assault with a Deadly Weapon is a qualifying offense for a defendant to be sentenced as a Prison Releasee Reoffender (PRR).
If you are sentenced on an Aggravated Assault you may not seal or expunge your record.

Typical Defenses

A person can’t be sentenced or have penalties imposed if found not guilty or the case is dropped or dismissed. The law affords every accused person of the right to due process, including the right to have the court prohibit or limit the use of evidence that was not lawfully or fairly obtained. Ultimately, an accused has the right to be presumed innocent and to require, through a jury trial, that the government must prove the case beyond a reasonable doubt.

In addition to the many Pre-Trial Motions and Defenses available in most criminal cases, an Assault or Aggravated Assault has the following applicable defenses at trial:

Conditional Threat –A threat to commit a violent act in the future that is conditional on some possible future event is not an assault.
Lack of apparent ability to carry out threat – a person who is not in a position to actually carry out the threat of harm does not commit assault.

Unreasonable fear by the alleged victim – When the alleged victim has an unreasonable fear of harm, an assault is not committed.
 
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#684776
Darn (User)
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Re:intentionally run down by a motorist yesterday 4 Years, 2 Months ago  
I hate to say it, but if he has a 7 page rap sheet, he could care less about going to jail.... for any length of time. Doing what he did is the farthest thing from his mind, he has ZERO remorse about what he almost did, it gives him cell block credibility and makes him even a bigger man in the cell.

He's 6'2" 225lbs, he's not going to be anyone's honey hole while inside. The best you can hope for is that there would be enough 1%ers inside that might do a little sensitivity training on him. Or enough of the guards that can "Fix" him up with some special time.

But as far as him having any ill feelings about what he did... nope... not going to happen, he's already justified it as the Biker was in the wrong.
 
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Last Edit: 2013/09/11 12:14 By Darn.
 
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#684834
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Re:intentionally run down by a motorist yesterday 4 Years, 2 Months ago  
I hope you went to the hospital, and then to your doctor. I'm sure you have whiplash from the helmet. From what I read @ several sites of Florida laws, the sentencing goes up if he hurt you.Emotional trauma, that you suffered, you should see a therapist. Any Rx the Doc gives you, save all the bottles, they are evidence. Turn them over to the DA. After all that you have been through I'm sure you're sick of the medical profession. But,...hurt or not the Mother (fill in the blank) tried to kill you. Take the time to play it to the hilt. It will keep him off the street longer.

bill
 
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#684836
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Re:intentionally run down by a motorist yesterday 4 Years, 2 Months ago  
You can get whiplash from that 12 (average) pound bowling ball on your shoulders. No helmet required for that.
 
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#685595
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Re:intentionally run down by a motorist yesterday 4 Years, 2 Months ago  
I suffered a whiplash injury in January. Had MRI in Jan, and then again mid June for the surgeon to see if any changes. There were none. Friday's MRI report states...

"Increased size of the left paracentral protrusion (disc herniation) C6-7 with compared to previous study."
 
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#690332
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Re:intentionally run down by a motorist yesterday 4 Years, 1 Month ago  
im a little late to the party but yea man glad you are okay. thats a helluva lot of rear end damage to have not had to lay the bike down. great skills! =) Theres enough shitty drivers that we definitely dont need hotheads trying to run us down as well. Take this dipshit to court and nail em to the wall.
 
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#691383
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Re:intentionally run down by a motorist yesterday 4 Years, 1 Month ago  
I am also a little late to the post. I was not so lucky. I was run into a high curb 8 weeks ago. The dude stopped and then ran. I suffered a severely broken leg. The law charged me with failure to control. 8 days in the hospital and a $130,000 hospital bill. I have all the replacement parts for my bike and hope to be riding again soon.
 
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#691427
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Re:intentionally run down by a motorist yesterday 4 Years, 1 Month ago  
Should have been trying to find the cage for hit and run and failure to stop and render aid. They gave me the same ticket when I wrecked and totaled my bike. Good thing was the mayor was behind me and the justice of the piece was ride in the front. The mayor wrote a letter for me and told them they needed to repair their crappy roads and it was dismissed.
 
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#691518
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Re:intentionally run down by a motorist yesterday 4 Years, 1 Month ago  
GNR10, this isn't just assault. You were hit!

According to that information you posted, assault in Florida is just the threat of doing some bodily harm and having the ability to carry it out along with the intention. He actually hit you. There's no charge for that in Florida?

In Louisiana, state law with which I am familiar, assault is basically the same -- a threat of violence. Battery would be the actual striking, and in this case would be aggravated battery since he used an automobile to do it.

In Florida there might even be a separate charge when it involves an automobile. I'd check with the DA's office if I were you.
 
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#691527
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Re:intentionally run down by a motorist yesterday 4 Years, 1 Month ago  
Ricohoc wrote:
GNR10, this isn't just assault. You were hit!

According to that information you posted, assault in Florida is just the threat of doing some bodily harm and having the ability to carry it out along with the intention. He actually hit you. There's no charge for that in Florida?

In Louisiana, state law with which I am familiar, assault is basically the same -- a threat of violence. Battery would be the actual striking, and in this case would be aggravated battery since he used an automobile to do it.

In Florida there might even be a separate charge when it involves an automobile. I'd check with the DA's office if I were you.


Ricohoc, I think it would be vehicular aggravated assault. Some idiot with road rage slammed his p/u truck into the Mustang I had some years back and the Police wrote it up as such.

Glad your up and at 'em GNR...nail him to the wall man
 
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