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FloridaLawyer
FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  Former State Prosecutor, licensed attorney with active criminal defense practice
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A friend kicked a door at an aprtment(did not mean for the

Customer Question

A friend kicked a door at an aprtment(did not mean for the door to open but it did) and it opened and then got into a skirmish with the tenent. He hit the guy one time in the chest. What type of charges could he be facing and what potential penalties?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  FloridaLawyer replied 6 years ago.

HelloCustomer

 

Well, there are several charges he could face: misdemeanor criminal mischief, for kicking the door, assault and/or battery for the skirmish, and even felony burglary of a dwelling. He may have a good defense to the burglary but the elements are an unlawful entry with an intent to commit an offense therein.

 

Whether he is charged with anything depends on whether the tenant makes a police report.

 

Here is a brief summary of the penalties depending on the offense:

 

Class A misdemeanor: Up to one (1) year imprisonment in the county or municipal jail, or a fine up to $2000, or both.

Class B misdemeanor: Up to six (6) months imprisonment in the county or municipal jail, or a fine up to $1000, or both.

Class C misdemeanor: Up to three (3) months imprisonment in the county or municipal jail, or both.

Felonies:

 

Class A Felonies: Not less than ten (10) years and not more than life or ninety-nine (99) years imprisonment in the state penitentiary and may include a fine not to exceed $20,000.

Class B Felonies: Not less than two (2) years and not more than twenty (20) years imprisonment in the state penitentiary, and may include a fine not to exceed $10,000.

Class C Felonies: Not less than one (1) year and one (1) day and not more than ten (10) years imprisonment in the state penitentiary, and may include a fine not to exceed $5,000.

 

I hope this helps, good luck!

 

MDonnelly

 

 

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Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

 

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FloridaLawyer
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Former State Prosecutor, licensed attorney with active criminal defense practice