FSU QB De'Andre Johnson suspended indefinitely

[TheDouglas78]

Can't you be charged with assault with a deadly weapon if you brandished a toy gun that looked real, and the victim thought it was real?

yes, it was reasonable to believe so.

 

[GatorTAG]

This case is getting so much press they're obviously comparing it to Ray Rice and other similar cases. One comparison made to day is with Nigel Bethel of TAMU. Below is a video of Bethel (a prized TAMU CB) shown punching Amber Battle a TAMU women's basketball player during a little pickup game at the gym. Nigel broke her jaw with that punch and was suspended from the team in July of 2014. He was reinstated in August of 2014 but had to miss the first 3 games of the season as his punishment. :rolleyes:

* I appreciate the guy that came running in to stop Bethel. I only wish he would have beat the snot out of him when he did. I think it ought to be a standard punishment that these tough guys who like to punch little girls to make themselves feel manly have a proportionately sized larger guy slug them in the face.

FSU fans are petitioning Dumbo to have Deondre reinstated claiming his dismissal was too harsh. Imo the Deondre Johnson punch video is so much more graphic than the Bethel punch video that there's no way Dumbo will be able to reinstate Deondre.

 

[Durty South Swamp]

Can't you be charged with assault with a deadly weapon if you brandished a toy gun that looked real, and the victim thought it was real?

You may be charged with assault b/c, as Alex already explained, assault is doing something that causes another to legitimately fear for their safety or life. However, I have never in my entire life heard of being charged with "assault with a deadly weapon" b/c someone pointed a toy at another. I could be wrong.... but I did stay at a holiday in express last night, just saying. :)

 

[MissouriGator]

So is it legal to beat the crap out of someone if they get in hitting range and are making threats? Just wondering, because it should be if that person is capable of inflicting physical harm.

 

[GatorJ]

So is it legal to beat the crap out of someone if they get in hitting range and are making threats? Just wondering, because it should be if that person is capable of inflicting physical harm.

I'd think until you're reasonably safe and the threat is no longer imminent. So, if I beat the hell out of someone who has attacked me and h doesn't stop attacking me until he's virtually dead, you're somewhat safe.but if he passes out and I continue to beat him, probably not.

 

[ufgator812]

[h=3]Overview of Florida Assault and Battery Laws[/h] Although assault and battery are often related crimes and discussed together, the two are actually distinct offenses. Florida state laws define the two crimes separately.
Assault refers to a threat of harm that leads to the victim's fear of imminent harm. The offense does not include physical contact between the perpetrator and the victim. First a prosecutor must show that the defendant intended to threaten the victim, cause the victim to feel fear, or carry out a violent act. A defendant may want try to show a lack of criminal intent claiming the act was an accident or a joke. The prosecutor must also show that the defendant demonstrated the threat through words, a gesture, or an intimidating act. The defendant must have shown an ability to carry out the threat and the victim must have feared imminent harm.
Florida statutes establish specific offenses for simple assault, aggravated assault, and felony assault. The severity of the offense and the potential punishment depends on the type of assault charged by the state prosecutor.
When the defendant makes physical contact with the victim, Florida state laws allow for prosecution of the act as a battery. To prove a battery case, the prosecutor must show that the defendant intentionally touched or struck the victim. The physical contact must have been against the victim's will and done without the victim's consent.
As with assault, Florida law establishes several types of battery. Simple battery only requires an intentional, unwanted physical contact between the defendant and the victim. If the defendant has a previous conviction for battery, state laws permit the prosecutor to charge the defendant with felony battery for a subsequent offense. To prove aggravated battery, the prosecutor must show that the defendant intended to cause serious bodily injury to the victim or that the defendant used a deadly weapon.
[h=3]Defenses to Assault and Battery Charges[/h]

• Accident
• Lack of intent
• Consent given for physical contact
• Self-defense
• Defense of another person
• Defense against harm to property

[h=3]Penalties and Sentences[/h] The consequences of an assault or battery conviction depend on the specific charge pursued by the Florida state prosecutor. Each offense includes a sentence requirement set by state law, as follows:

• Simple assault is a second degree misdemeanor, which can result in a sentence of imprisonment for up to sixty days and a fine that cannot exceed $500.

• Aggravated assault is a third degree felony, which can result in a sentence of imprisonment for up to five years and a fine in an amount up to $5,000.

• Simple battery is a first degree misdemeanor, for which the state can request a sentence of imprisonment lasting up to one year and a fine that cannot exceed $1,000.

• Felony battery is a third degree felony, which can lead to a sentence of imprisonment for up to five years and a fine in an amount up to $5,000.

• Aggravated battery is second degree felony, for which the defendant might receive a sentence of imprisonment lasting up to fifteen years and a fine in an amount up to $10,000.

Though Florida establishes maximum penalties and sentences for each type of assault and battery, state laws also permit a prosecutor to request increased sanctions for a defendant who has prior felony convictions or whom the court has found to be a career criminal.
[h=3]Florida Assault and Battery Statute[/h] Florida Statutes Sections 784.011-784.085 (scroll down for sections)
- See more at: http://statelaws.findlaw.com/florida-law/florida-assault-and-battery-laws.html#sthash.yC8P7CEi.dpuf

 

[Swamp Donkey]

I have never in my entire life heard of being charged with "assault with a deadly weapon" b/c someone pointed a toy

I have, but it has to be a serious situation and the persons has to be intending to commit the assault.

I have also seen a guy sentenced to 80 years for using a finger gun in his pocket to jack a stop and rob.

 

[PastyStoole]

My cousin is a five-time world champion kickboxer, now in his 60s. About 10 years ago he was standing in line at a ticket window at the dog track. A guy who was having a bad day started some sh!t with him and stupidly took a swing at my cousin. My cousin countered with a right hand that ripped this guy's face open from his eyebrow to his chin and knocked him cold. He asked a bystander with a phone to call 911, waited for the paramedics and police to arrive, and calmly gave his account of the incident, which was collaborated by onlookers. He was later arrested and the prosecutor sought a 15 year imprisonment. The guy admitted he took the first swing, but the prosecutor's argument was that my cousin should have known the damage he could do. He took a plea deal which included a massive compensation to the "victim" and a suspended sentence.

I see this case in a very similar way, except that girl did not take the first swing, (Johnson grabbed her first). It's a stretch to say she was an aggressor, but regardless, he wasn't punching an offensive lineman, he was punching a girl and he could have really done some serious damage.

 

[dubster1]

A guy who was having a bad day started some sh!t with him and stupidly took a swing at my cousin

well looked like his day got worse. job well done ! prosecutor needs to be punched in his face.

 

[oxrageous]

My cousin is a five-time world champion kickboxer, now in his 60s. About 10 years ago he was standing in line at a ticket window at the dog track. A guy who was having a bad day started some sh!t with him and stupidly took a swing at my cousin. My cousin countered with a right hand that ripped this guy's face open from his eyebrow to his chin and knocked him cold. He asked a bystander with a phone to call 911, waited for the paramedics and police to arrive, and calmly gave his account of the incident, which was collaborated by onlookers. He was later arrested and the prosecutor sought a 15 year imprisonment. The guy admitted he took the first swing, but the prosecutor's argument was that my cousin should have known the damage he could do. He took a plea deal which included a massive compensation to the "victim" and a suspended sentence.

You just made all that up, didn't you?

 

[dubster1]

You just made all that up, didn't you?

 

[Durty South Swamp]

I have, but it has to be a serious situation and the persons has to be intending to commit the assault.

I have also seen a guy sentenced to 80 years for using a finger gun in his pocket to jack a stop and rob.

did he get 80 years for the finger? or was it for the jack and rob?


I'd also imagine the guy had priors. A first time robbery with a finger gun resulting in 80 years sounds pretty harsh

 

[Swamp Donkey]

The robbery of course. We spent weeks of our life arguing about the armed with a finger though. I don't know why. It's really settled law.

Of course he had priors. They all have priors. It's just a question of how many pages.

 

[WobbleGator]

A first time robbery with a finger gun resulting in 80 years sounds pretty harsh

Not if he is a dwag or a nole.

 

[Swamp Donkey]

You just made all that up, didn't you?

Probably, but maybe not. I can see that happening. In fact I knew a guy who was a gold glove midlevel "champion" who caught a felony for what I thought should have been a misdemeanor battery.

 

[PastyStoole]

You just made all that up, didn't you?

Not a word of it. As sobering as that story is, the story of his surrender to the police and his night in jail are actually pretty funny. His wife tells a version of it that I can't do justice to.

The way he explained the process to me makes sense. They were using the fact that he had been a highly successful professional kickboxer against him. If law's interested, I'm sure he can look up the details in a database. I'll be happy to provide him with the name and jurisdiction. It would be good to hear his opinion on whether the prosecutor was being too aggressive.

 

[Captain Sasquatch]

I have, but it has to be a serious situation and the persons has to be intending to commit the assault.

I have also seen a guy sentenced to 80 years for using a finger gun in his pocket to jack a stop and rob.

That's why you don't use a weapon. Walk into a bank with a note demanding money, and they'll freely give it to you without putting up a fight. They're insured for it, and they're instructed to comply with any demands a robber might have, regardless of use of force. That way, when you get caught, the penalty will be a lot less severe since you didn't have a weapon and you weren't threatening anyone.

 

[Durty South Swamp]

We spent weeks of our life arguing about the armed with a finger though.

our tax dollars at work....

 

[MissouriGator]

That's why you don't use a weapon. Walk into a bank with a note demanding money, and they'll freely give it to you without putting up a fight. They're insured for it, and they're instructed to comply with any demands a robber might have, regardless of use of force. That way, when you get caught, the penalty will be a lot less severe since you didn't have a weapon and you weren't threatening anyone.

Sounds like you have some experience ....

 

[Captain Sasquatch]

Sounds like you have some experience ....