Legal Question in Criminal Law in Florida

assault from someone on private property after being asked to leave

My son had asked a group of boys to leave our property after they showed up wanting to come in the home. They left and returned a few hours later, drunk and banged on the door attempting to get in. When he opened the door, he was blind-sided by a punch to the face which required surgery and a trip to the ER. It is questionable whether he stepped out of the door or not. If he did, it was only a few inches off the threshold. He did have a bat in his left hand, opened the door with his right. The kid outside was screaming and cussing at him. As soon as the door was opened, he was hit. He fell in the home, hit his head on the tile and it knocked him out. Do we have a case? The boys I believe were all 18.


Asked on 6/05/07, 12:31 pm

3 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: assault from someone on private property after being asked to leave

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, it seems like you do although I am not sure what the damages may be and whether or not a judgment will be collectable if obtained. Insurance companies will generally not pay for an intentional tort which your fact pattern describes.

I would suggest that you meet with an attorney and let them review the facts of the situation and advise you of your legal rights. If the attorney feels you have a good case, he or she should be willing to take it on a contingency.

Scott R. Jay, Esq.

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Answered on 6/05/07, 12:39 pm
Valerie Masters Valerie Masters, P.A.

Re: assault from someone on private property after being asked to leave

yes

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Answered on 6/05/07, 2:53 pm
Thomas Rosenblum Rosenblum Law Offices

Re: assault from someone on private property after being asked to leave

Hello: I read your question and saw you had a couple of answers, but I want to give you a contact in North Fla. should you need one. My first thought was did you call the police and if so, why aren't criminal charges filed against the trespassers?

If they do get charged with crimes, the State Attorney usually tries to get restitution for the victim. It is worth it to let the State try to prosecute and get restitution as the threat of violating probation may get restitution whereas, if you file a civil suit, you may get a judgment, but never collect any money from it.

If my office can be of any assistance to you, please give us a call. Tom Rosenblum

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Answered on 6/05/07, 6:09 pm


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