Lake City, FL asked in Criminal Law and Juvenile Law for Florida

Q: I requested an Officer to press charges for my stepson kicking me in the back and vandalizing my home with a sharpie.

However, the officer said I did not adopt him and he is allowed to throw things around the house. I am trying to get a hold of a supervisor and I was told to call back when he is back from vacation. Please Advise. I feel strongly the police are bias and not doing there job. Also, my wife is trying to help me with full support of charges. This is odd of the Police.

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1 Lawyer Answer
Michael  Mayoral
Michael Mayoral
  • Coral Gables, FL
  • Licensed in Florida

A: So, it is definitely not the law that someone is allowed to kick you in the back and vandalize your house just because you didn't adopt him. The crime for vandalizing is called "Criminal Mischief," governed by Florida Statute 806.13. The crime for kicking you in the back is called "Battery," governed by Florida Statute 784.03. Neither crime has a defense or exception having to do with someone's adoption status. Good luck.

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