Legal Question in Criminal Law in Florida

Re: burglary with conveyance and assault

Burglary of a conveyance requires a taking of something from the conveyance. Removing your child would not be a"item" in the strict construction of the burg. statute. Now assault thats a different matter. The elements that the State needs to prove is that the victim must be placed in fear or aprehension that he will be hit/battered. This appears to have happened as a result of your actions. However, you might have a VERY viable defense as to why you acted as you did, and in addition, there is probably no jury in the world that would find you guilty if indeed the facts are what you say they are. Keep in mind that your best bet would be to push for a jury trial and get the best deal you can live with, or roll the dice with a jury trial. There is NEVER a guarantee as to what the outcome of a case like this one is in a jury trial, but you have a good shot at a Not guilty. GOOD LUCK...