Legal Question in Criminal Law in Florida

Self-defense turned into a felony assault charge

My husband was on a job site in FL. (We live in GA.) A contract worker had been giving him trouble; verbal abuse and threatening to find him and beat him up. Later in the week, the contractor told my husband he was going to beat him up and he better fight back, because only p**ssies don't fight back. My husband had a small boxcutter in his hand. (He carries it as part of his job.) He told the contracter that if he had to hit him, that was fine, but if he hit my husband that he'd defend himself with the boxcutter. The argument was broken up and the parties dispersed to their respective hotel rooms. My husband's job told him not to leave the hotel room and he'd be on the first flight back to GA in the morning. He was fired that following Monday as was the contractor. Months later, he's arrested on an extradition charge of felony assualt with a deadly weapon/ attempted battery. After 11 days of jail, he's released on bond and now faces a trial. He has no felonies on his record and we're facing the reality that this could ruin the rest of his life. He filed charges to be vindictive since he lost his job. Our witnesses live in GA and refused to lose work to come down and testify. How screwed are we? Our public defender is not helping.

Asked on 9/13/06, 6:22 pm

5 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.
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Re: Self-defense turned into a felony assault charge

Hi. Just touching base. I don't have your email address. Hope we can work together on this. Call me if I can be of further assistance. Valerie

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9/16/06, 6:56 pm
Kendall Carter The Law Offices of Kendall W. Carter, LLC
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Re: Self-defense turned into a felony assault charge

It sounds like you are moderately screwed, but not irrevocably. How soon does the trial start? Where in FL are you? Please contact me and I could see about referring you to an attorney in FL. lokwc@lawyer.com

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9/13/06, 6:40 pm
Valerie Masters Valerie Masters, P.A.
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Re: Self-defense turned into a felony assault charge

You are not screwed. Your lawyer can force your witnesses to appear if need be. I am a trial lawyer in Fl with 10 years experience. Get a lawyer you are happy with. Call if i can help.

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9/13/06, 6:58 pm
Robert Roemer Robert Brian Roemer LLC
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Re: Self-defense turned into a felony assault charge

IN my opinion you are in a bad position.Your husband has no choice but to face the charges since the state atty. filed them.I would suggest that you or your husband not talk with anyone but an attorney.Those witnesses can be compelled to come to trial in florida.If you can afford a private atty call me or send me an e-mail how i can reach you.If convicted your husband could go to prison for this offense.

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9/13/06, 7:04 pm
Russell Mace Russell Mace & Associates P.A.
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Re: Self-defense turned into a felony assault charge

You need to hire a good attorney to represent your husband. You also need a good private investigator to substantiate all the information you have stated. Good Luck.

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9/13/06, 8:38 pm

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