Legal Question in Criminal Law in Florida

Misdemeanor Battery (Defense/Statute of Limitations)

March 2007 5am. Guy gets slapped once for blowing cigarette smoke in face 3 times after being warned not to. Both parties resolve issue, but at 2pm, neighbor convinces guy to call police. Police respond, ask questions, then leave - no arrests. 4 months later, summons served July 19, but no longer living at address - summons unserved, therefore no knowledge of court date results in failure to appear - capias issued Aug. 8... Legal advisor suggested laying low until statute of limitations run out - what's the statute of limitations on a 'Misdemeanor Battery'? Also, there were no witnesses to the actual incident, only after the fact - is that a defense? Furthermore, how will a prior record of felonies factor in if defendant has had no run-ins with the law in 8 years??? Thank You!!!


Asked on 1/04/08, 11:33 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Misdemeanor Battery (Defense/Statute of Limitations)

Misdemeanor battery has a two year statute of limitations, so you have no defense there.

The fact that there are no witnesses is not a total defense, but it obviously helps your case, since it's just your word against the victim's. If you decide to testify in your own defense, your felony convictions (if that's what you mean by "run-ins") can be used against you, since the felonies aren't yet 10 years old, the point at which priors become too old to be used.

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Answered on 1/05/08, 3:41 pm


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