Legal Question in Criminal Law in Florida

on 11/19/09 I was assaulted by a person living at the marina that I live at.I rent a shop on the properity and also keep my boat at the same marina,while talking to some friends the evening in question and after everyone but one person left and he and I continued talking this person that we were talking about ran up the dock and struck me in the head and knocked me to the ground and kicked me and than ran off I guess because he saw the other fellow sitting nearby.I also was sitting down when the assault took place.I'm 65 years of age and the guy that hit me I beleave to be about 40 years old and at least 70 lbs. heaver than I.I called the police and they told me they would arrest him on assault and battery and me for disturbing the peace,since I did not wish to go to gail that night I just filled out a police report witch they told me would not go anywhere.I do not belive the police where right,I also belive that assault on a seinour citizen is a felony.this man contiues to bother me and I see no help comming from the police .I need to settle this and can I still press charges against him,he is here in the country from holland and maybe that's the way they do things over there but I don't think I was treated fairly.


Asked on 11/30/09, 4:41 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Yes, you can still press charges; however, if you were also disturbing the peace, and the cops left you alone, it doesn't sound like the case will go anywhere. You can call the police again, or go to their department to file a formal complaint. You can go up the chain of command if they are not listening to you. You can follow up with the State's Attorney's office to know if he is being prosecuted. OR, you can just chalk it up to life experience and never talk to this Dutchman again.

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Answered on 12/06/09, 10:06 am
Brent Rose The Orsini & Rose Law Firm

Just to add a couple of things to what Ms. Grosse said (and I agree with all she said), there isn't a "disturbing the peace" charge in Florida, though there is something similar, so I don't know what the police were talking about, and you're correct, battery (hitting someone) on a senior citizen is a felony.

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Answered on 12/06/09, 1:35 pm


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