Fort Walton Beach, FL asked in Criminal Law for Florida

Q: In Florida law when can "The State" be the "victim" of a crime VS a individual person excluding domestic violence.

By example, F.S. 877.03 Breach of the peace; disorderly conduct. - Two people call in about a fight in the street between two non related males. Officers arrive, interview both parties and arrest one or both for Disorderly Conduct. The two witnesses are interviewed, provide sworn statements but not "affidavits of complaint", the arrest(s) list State of Florida as the victim. Can this be done? and in what cases can the State be the victim?

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1 Lawyer Answer
Jonathan Blecher
Jonathan Blecher
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: The State is always the party bringing the charges, and "victims" are merely witnesses, or essential witnesses to the crimes. Where the State is truly the "victim" is in economic cases like worker's comp fraud or insurance fraud or theft of public funds. But in reality, the "people" are the victims.

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