Legal Question in Criminal Law in Florida

Around 10 years ago my sister and I (around 13 and 8) were goofing around and teasing each other verbally. At one point she said something that really rubbed me the wrong way and it made me feel hurt/sad/mad. Even though we started out teasing each other, I really took it the wrong way. I wanted to get back at her for what she said. I decided, at 13, that I would "rough her up" to teach her not to mess with me. My intention was to place my hands around her neck like I was going to choke her, but not apply much pressure as to cut off her airway, just to shake her a bit with her neck between my hands and then push her to scare her. I more or less did this as soon as she was walking in front of me after her comment. I ended up just putting my hands around her neck, but not shaking or pushing her, as I tripped as soon as I'd gotten my hands around her neck. I don't know how much pressure I ended up putting on her neck, as I did grab her to steady myself from falling. She was not injured in any way during this.

However, my sister, even 10 years later, insists that I was trying to kill her. 10 years after I did this, could I get charged with any crime? Assault, battery? Is the statute of limitations out? Could my hands be seen as "deadly weapons", thus bringing battery with a deadly weapons charge and there being no statute of limitations?


Asked on 8/26/11, 4:30 pm

1 Answer from Attorneys
Samuel Mutch Samuel A. Mutch, P.A.

The statute of limitations for a felony (other than murder) is four years, for a misdemeanor it is two years. I don't think you have anything to worry about but you should consult an attorney in your home town, have the attorney write a letter to your sister telling her to stop threatening you and try to reconcile with your sister.

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Answered on 8/31/11, 6:27 am


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