A prior post brought out the pusher had a criminal record, a drug conviction and an aggravated battery case where the charges were dropped. He was not tried and cleared. I wonder if his victim was his girlfriend or another person. Abused girlfriends tend to drop such charges and of course they get battered again and again whereas a third party is usually less likely to drop the charges unless they are afraid of retribution.
According to the Florida statute the pusher criminally battered his victim, the man who drew a handgun and shot him.
The 2018 Florida Statutes
Title XLVI
CRIMES
Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
View Entire Chapter
784.03 Battery; felony battery.—
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
History.—s. 5, Feb. 10, 1832; RS 2401; s. 1, ch. 5135, 1903; GS 3227; RGS 5060; CGL 7162; s. 2, ch. 70-88; s. 730, ch. 71-136; s. 19, ch. 74-383; s. 9, ch. 75-298; s. 172, ch. 91-224; s. 5, ch. 96-392; s. 4, ch. 2001-50.
__________________
"No one is more hated than he who speaks the truth." Plato
“To argue with a person who has renounced the use of reason is like administering medicine to the dead.” Thomas Paine
|