Legal Question in Criminal Law in Florida

About 10 years ago my sister & I (13 and 8) were teasing and making fun of each other. At one point she said something that rubbed me the wrong way and made me feel hurt/mad. I wanted to get back at her for what she said. I quickly decided that I would "rough her up" to teach her not to mess with me. My intention was to place my hands around her neck like I was going to choke her, shake her with her neck between my hands and then push her to scare her. I don't remember now how much force I intended to apply now, but I don't think it was much. I certainly know it was not my intention to kill her, just to intimidate and scare her. I ended up just putting my hands around her neck, but not shaking/ pushing her, as I tripped as soon as I'd gotten my hands around her neck. I don't know how much pressure I ended up putting on her neck, as I did grab her to steady myself from falling. She was not injured in the event.

However, even 10 years later, she insists that I tried to kill her. I realize that if I'd really choked her I could have, but that was not my intent. My intent was only to scare her. Could I have any attempted murder chargers put against me? Is the statute of limitations out?


Asked on 8/27/11, 2:42 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

I doubt that attempted murder charges would ever be brought in this type of situation. It sounds like one of two felonies: child abuse or battery by strangulation. Either way, the statute of limitations has run out so I wouldn't worry about it.

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Answered on 9/06/11, 1:51 pm


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