That seems kind of mushy. I also found this, where it mentions Florida case law that says GBH:Great bodily harm is any harm more severe than minor or slight harm and could include wounds that bleed profusely or require stitches, broken bones, and injuries requiring surgery.
Perhaps this is one of those times where Florida courts rely on a rather vague definition of BGH similar to what Shark once posted about a Judge once saying something to the effect of, "I can't define it for you, but I know it when I see it." That's not exactly comforting to me but such is the case in Florida Statutes; GBH is not clearly defined but at least there is enough Florida case law that provides some fairly good guidance on what a reasonable person might consider as GBH in terms of justifiable use of force in Self Defense."distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises as are likely to be inflicted in simple assault and battery." T.W. v. State, 98 So.3d 238, 243 (Fla. 4th DCA 2012); see also Brown v. State, 86 So.3d 569, 571-72 (Fla. 5th DCA 2012); Gordon v. State, 126 So.3d 292, 295 (Fla. 3d DCA 2011); Smith v. State, 969 So.2d 452, 455 (Fla. 1st DCA 2007)
That guy was not being kicked and the attacker was several feet away. Speculation here was MAYBE the attacker was hiding his strong side and about to draw.Not really,
Do you remember the guy who shot the guy over the handicaps parking spot.
Shooter was knocked on the ground and attacker was shot by him.
Shooter probably still in jail
Anybody know the outcome of that ????
Ronnie
Kick to the head in the context of skateboard guy and gathering horde (disparity of force) equals imminent lethal threat and loud booming sound.We all know who the guy on the pavement is and I don't want this thread to go off track on the trial.
The question I want to pose is, under Florida law does this attempt to kick the head of a person on the ground reach the level of great bodily harm justifying the use of deadly force?
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Shark, would it be a stretch to claim the soup was a “deadly weapon” if it was hot enough to actually disfigure and wouldn’t that meet the “aggravated battery” requirement ? Or would it be the person would have to be disfigured first for that to apply? And no…it wouldn’t count if the person was already disfigured, only disfigured as the result of the soup. 🤭Video here…(no sound) Backstory…Customer called to complain soup was so hot it melted the plastic lid. Per the employee, she offered multiple avenues to remedy but only asked the customer to refrain from cursing her out. Customer wasn’t happy with that request and showed up in person. Again, employee requested customer to stop with the abusive language while offering remedies. Culminating in the customer tossing soup on employee.
I saw a interview or video from the employee. The soup had cooled fortunately. Still warm though. It’s a spicy soup though. She said it burned her eyes and caused a nosebleed.
If that soup had indeed been hot enough to melt the lid, can you imagine the facial burns she’d have suffered. That’s the kind of burns that can be life changing.
Note..apparently YouTube is restricting the video. You’ll have to click over to the app unless someone knows how to bypass YouTube.
Also of note, reportedly the assailant has been identified. Charges are pending.
Yes, under Florida law if you put the boots to anyone who has been knocked down that is attempted murder.We all know who the guy on the pavement is and I don't want this thread to go off track on the trial.
The question I want to pose is, under Florida law does this attempt to kick the head of a person on the ground reach the level of great bodily harm justifying the use of deadly force?
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It seems more and more that the media wants to play judge and jury with the brainwashed idiots carrying out the role of executioner.^^^Unfortunately, if I’m not mistaken, the current charge is a misdemeanor. Carrying 60 days on ice and/or a few thousand in fines.
I don’t know if there’s a civil exposure. But even if so, I read somewhere she’s pretty much a retail employee. Not a lot of meat on that bone for a lawyer to use to help the victim. There was rumor she was a nurse at one point, but that turned out to be a case of mistaken identity. There’s another Amanda Martinez in Temple, TX who is a nurse. Sadly, she is another victim in this weird saga. In a rush to dox and go after the assailant, social media went after the wrong Amanda. Causing a whole boatload of trouble for her reportedly.
I‘d agree completely she needs to learn some manners. Which is why I brought up civil liability as potentially a “punishment“ she’d respond to more than the slap on the wrist she’s likely to get criminally.RadTek
Not every case is about a dollar. Somebody should go after this lady civilly and let her make monthly payments on a judgment that might remind her how she should act in a civilized society. It’s the kind of case some lawyer should take just as a public service.
If it was in Florida, I would take that case just on general principles.