Legal Question in Criminal Law in Florida

Wisest response to battery charge

I pushed a disgruntled employee out of my way in an effort to escape an escalating assault. It turns out, unbeknownst to me until today, that he filed battery charges against me which are pending investigation by the state attorney. My questions are these:

1) Should I respond with a charge of assault, or wait to see if the state finds sufficient reason to proceed first?

2) Does someone leering in at you, inches from your face, chanting ''you don't know who you're messing with'', legally constitute assault?

3) What's the liklihood of conviction, given the fact I freely admit to pushing the complaintant?


Asked on 1/24/02, 12:56 pm

1 Answer from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: Wisest response to battery charge

1, 2. Assault requires an act. Words alone do not constitute assault. Based upon what you have related, you were not assaulted.

3. No one can predict the likehood of conviction. There are possible defenses to a battery charge, including self defense and necessity. Don't talk to anyone about the facts, and hire a lawyer if you are charged.

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Answered on 1/24/02, 2:59 pm


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