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Criminal Law

: Justice Building Blog

3rd DCA ROUNDUP

By "Captain Liberty" and "Rumpole"

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If Wednesday was Sundae then Thursday is our 3rd DCA roundup day:There is no crime of attempted battery on a law enforcement officer. There. We said it. It's out in the open. And the 3rd District agrees here in Myers v. State. Another reason that there is no crime of attempted battery of a police officer in Florida is that if you take a swing at a cop and miss they're going to beat you up so bad that they're bound to charge you with at least battery on a police officer. But lets think about this for a minute: If you swing at a cop and miss, and the officer sees it and is in fear of your actions, that's assault. But lets say you sneak up behind officer Friendly with a big stick and rear back to hit him with it, but just before you do, officer Friendly's partner grabs the stick, wrestles you to the ground, and then as we said before, both officers beat you to a bloody pulp...continue to full post

Full post as published by Justice Building Blog on August 05, 2009 (boomark / email).

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