Legal Question in Criminal Law in Florida

Assault or Battery

Can a citizen requesting public records who acts in an uncivil manner (cursing and verbally abusive) towards the staff (county or city employees) be charged with any type of assault or battery or any other charge? If said citizen conducts him/herself over the phone in the same manner, does that have any bearing? What is the limit that must be reached before a public employee will have some avenue of recourse? What, if any, is the procedure to follow for said recourse?


Asked on 3/23/99, 12:29 pm

1 Answer from Attorneys

Journey Beard Law Offices of Journey L. Beard

Re: Assault or Battery

You didn't mention the specific comments said by

the abusive individual, so I am unsure if their

conduct would rise to the level required by statute.

Were you in fear for your safety? Did they verbally

or physically threaten you with imminent harm? You

mentioned the person was "uncivil", thus a key issue

would be exactly what was said to you.

If criminal charges were to be filed, the prosecutor's

office would take your complaint and decide if

formal charges should be brought.

Another avenue might be to talk with your supervisor

and request that another person assist this customer

in the future.

Good luck!

Journey Beard

Journey Beard

Law Offices of Journey L. Beard

1975 E. Sunrise Blvd., Ste. 726


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Answered on 4/12/99, 11:54 am


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