QUESTION

Can my father get life for hitting someone who ran over child playing on the road?

Asked on Dec 20th, 2012 on Criminal Law - Florida
More details to this question:
Any help on this matter would be nice. My father is a disabled man that is looking at life in prison for standing up to some young punk that about ran over a child playing on his road. The guy driving the car/truck is known in that area to drive fast and reckless all the time. The day this took place he was driving too fast down the road. He lived on same as my dad, when he almost hit a young child playing. My father walked over to him yelling telling him that he needed to watch out an slow down because of the children playing in that neighbourhood. Words were passed back and forth then my father struck the guy in the face with an open palm slap. The guy told him he would let that slide that time and that was all that was said. My father then went with his girlfriend at the time to look for a new place to live. He got a call saying that the police was there looking for him and that he didn’t need to return. He told the person that called him that he wasn’t going to hide. He was proud of what he did because no one would stand up to this young man about how he drove in the neighborhood. He had also told them that he was coming because it was just a little assault charge and they would take it easy on him. Well that’s not the case. The young guy my father struck happened to be a nephew of a cop officer. When dad showed back up, he saw two officers. He walked over to Bailey and told him that he was the man they were looking for. He asked if he had an ID, my father told him that he didn’t because of being disabled. He has seizers so they took his ability to drive. He then placed handcuffs on my father and started to talk to him when an officer came up yelling at my father that he messed up and the guy he hit was his nephew. He told my father that he was going to pay for what he did. By this time, the officer is in my father’s face yelling at him and my father is standing there. He then strikes my father in the mouth.
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9 ANSWERS

Michael J. Breczinski
First were there witnesses to the incident? Second are there witnesses to the arrest? Third are there witnesses to the person's bad driving? Finally why could they charge him with the life offense?
Answered on Jun 25th, 2013 at 10:03 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your father will not "get life", although he is looking at possible jail time. From what you describe, your father committed a simple battery which in most jurisdictions is a misdemeanor with a potential jail sentence of up to one year. If you have not done so already, I strongly suggest that you or your father contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your father's situation. He/she would then be in a better position to analyze your father's case and advise him of his options.
Answered on Dec 27th, 2012 at 1:18 AM

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Absolutely not. This sounds like a simple misdemeanor assault with a 93 day penalty in Michigan
Answered on Dec 26th, 2012 at 3:35 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Based on what you wrote, your father would not be sentenced to life in prison for a simple battery. There can be additional charges or enhancements, particularly if the victim was a minor, but that would not lead to life in prison based on an open hand slap causing no serious injury. Your father should speak to a criminal defense attorney in your area to discuss the case in more detail. Sounds like the authorities may be trying to make more out of this than what they should.
Answered on Dec 26th, 2012 at 12:07 PM

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What you are describing is a battery by your father on the victim. Battery in California is covered under California Penal Code Section 242. A battery is any willful and unlawful use of force or violence upon the person of another. Punishment for a battery is covered under California Penal Code Section 243. (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
Answered on Dec 26th, 2012 at 12:05 PM

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Insurance Law Attorney serving Gainesville, FL at Steven Kalishman, P.A. Law Offices
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Life imprisonment for a simple battery. No. He might have a civil suit against the police department if the officer hit him without justification.
Answered on Dec 26th, 2012 at 9:34 AM

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Gary Moore
No. You say that it was just a simple assault.
Answered on Dec 26th, 2012 at 9:33 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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No, your father cannot get life in prison for slapping someone in the face. But he will definitely need to hire a real attorney to handle this matter.
Answered on Dec 26th, 2012 at 9:29 AM

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Divorce & Separation Attorney serving Baton Rouge, LA at George E. Downing, Jr. Attorney at Law
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He will not get life for just an open hand slap with nothing else happening to victim. However, a person does not have justification for hitting another in this example. This case may warrant a fine, minimal jail time, or probation .
Answered on Dec 26th, 2012 at 9:29 AM

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