Legal Question in Criminal Law in Florida

assault with a deadly weapon/great bodily harm

my son is being charged with assault with a deadly weapon/great bodily harm and false imprisonment. he is anew prison release of one year,he is 22yrs old. the boy claims my son for no reason at all starting hitting him with a pole and then taped him up for 5 mins. he has a broken eye socket. the fact is they were alone in my yard having a fire and hanging out it was late and my window oversees the area so every time they threw laquer thinner on the fire it would light my bedroom up and i would holller out the window for them to put it out and call it a night.the last time i jumped up to holler i saw the other boy hit my son from behind with a 1x2 porch picket in the head and the fight was on. i got up and got dressed,it was freezing out,and ran downstairs and out to the fight but when i got there it was over they said go in and i told the boy to leave. the state att wants to give my son 15 years for this and want to go to trial with those charges . the tape up never happen but my son did hurt him in self defense.is there a lesser charge that can be given other than assault with a deadly weapon with great bodily harm ?we are being told that because my son was in prison they want.no history of physical violence.hillsborough county


Asked on 2/21/09, 1:35 pm

2 Answers from Attorneys
Joseph Vredevelt Best Vredevelt & Associates

Re: assault with a deadly weapon/great bodily harm

i would like to discuss some issues of your son's case. you can call me 24/7. free of charge. i hope to speak with you soon. All My Best, Joe Vredevelt 305.670.3119.

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Answered on 2/21/09, 2:30 pm
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: assault with a deadly weapon/great bodily harm

Unfortunately, your sons history and the current charges make him qualify for an enhancement known as a prison releasee reoffender. That statute converts the statutory maximum penalty into a mandatory minimum penalty. In other words, if he goes to trial and is convicted, the Judge will have no legal options but to sentence him to 15 years, which he will do day for day with no gain time.

Therefore, your son has little choice but to vigorously defend against the charges and try the case. The state attorney may be amenable to waiving the mandatory minimum and sentence him to something else, but they would have to have a reason to do so, such as a belief that the case is weak.

If you would like any other information, please feel free to contact me. Good luck, and I am sorry about your predicament.

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Answered on 2/21/09, 4:18 pm


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