Charged With Disturbing The Peace In Florida?

In a bizarre turn of events, a Florida man was shot by a police officer after breaking a beer bottle over his own head. The officer mistakenly thought he heard gunshots. The man was already under police investigation for armed robbery when this occurred. Now the defendant faces additional charges. Police shot at the defendant after he brandished a rifle in one hand and a beer bottle in the other. He had previously abandoned a vehicle after attempting to hit deputies with the same vehicle. It is a miracle that deputies were not hurt in the pursuit. Could this defendant be charged with disturbing the peace? What must a defendant do to be charged with armed robbery in Tampa?

What is disturbing the peace?

In Florida, disturbing the peace is defined as “committing acts of a nature to corrupt public morals, outrage sense of public decency, or affect the peace and quiet of person who many witness them.” Fla. Stat. § 877.03 (2021). In other words, committing an act that an ordinary person might find offensive in a public place might be considering disturbing the peace, although an officer has discretion as to whether or not they will make an arrest. In the instant case, the defendant could be charged with disturbing the peace as he patronized a restaurant during the event of question, disturbing other patrons in the process. A person could be charged with disturbing the peace for causing a disturbance in a public place. The penalty for disturbing the peace in Florida is a second-degree misdemeanor, punishable by up to 60 days in jail.

What is armed robbery?

Armed robbery is the “taking of money or other property” belonging to another person or persons by use of force, with the intent to permanently deprive that person of said property. A defendant can be charged with armed robbery if during the course of the robbery they brandished a deadly weapon, such as a gun or a knife. In the instant case the defendant took a rifle out of a duffle bag where he then demanded money from a clerk in a local tire store. The penalty for armed robbery with a deadly weapon in Florida is a term of years (at least thirty) not to exceed life imprisonment. See Fla. Stat. §775.082. If the defendant carried a non-deadly weapon, they can be charged with a first-degree felony which is punishable by up to thirty years in prison.

Contact Tampa Criminal Defense Attorney Bryant Scriven Today

Whether this is your first encounter with the law or your fifth, you understand that the consequences of not taking things seriously can be dire. Your livelihood, income, reputation and very freedom may be at stake. Even if you have only been charged with a misdemeanor in Tampa, you do not want to make the mistake of failing to address a criminal offense. Tampa theft attorney Bryant Scriven is a respected member of the local legal community. He works hard for his clients and represents defendants in federal and state criminal defense matters. With more than a decade of experience under his belt, Mr. Scriven is the right choice. Call today to schedule a consultation.

Resource:

tampabay.com/news/crime/2022/02/26/florida-man-breaks-beer-bottle-over-his-head-gets-shot-by-deputy-who-thought-sound-was-gunshot/