Legal Question in Criminal Law in Florida

Can I file Criminal Charges

I tired to post this earlier but I don't think it went thru: I am 61,have a serious heart condition and I am to go to India in 3 weeks for a valve replacement. I was awakened from a sound sleep by a loud argument outside my condo, it went on for some time. I put on my robe and went out and told the 4 women (2 young 2 older) that people were trying to sleep and to take it inside. These were people staying in the next condo, happened to be one owner and Her daughter and a young woman & her grandmother. I was assulted by both the young women who both hit me first and when I was on the ground I got kicked and my foot was stomped on and broken. I called the courtesy officer for the complex who is also a local cop, he came out but never spoke to me as I was in my unit putting ice packs on my foot. I later told him I wanted to file charges. He tells me that it would be a waste of time as it would be considered mutual combat plus they would then file on me for assult and I would be arrested. Also he says a civil suit would be a wash as the judge would just tell everyone to pay their own expenses. Mine are to date $900 for medical treatment xrays etc. Is this cop right and I can do nothing? BH, Panama City Beach


Asked on 8/28/07, 3:01 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Can I file Criminal Charges

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you feel you want to proceed, call the police and file a complaint. It will be up to them to investigate and to decide whether or not to file charges. Certainly, the off duty officer will be questioned and he may convince the investigator that it is not worth pursuing but you have nothing to lose.

Scott R. Jay, Esq.

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Answered on 8/30/07, 1:22 am


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