While most University of North Florida students were celebrating UNF’s basketball team’s recent victory and A-Sun Championship, a basketball player is recovering from minor injuries that he sustained. These injuries were not due to any activities on the court. Instead, it has been alleged that he was attacked by two other young men. These two men are facing several criminal charges, including Jacksonville burglary, battery, and resisting an officer without violence. News4jax.com reported the story:
“A University of North Florida student and a second man are facing charges after school officials say they broke into an apartment and punched a member of the university’s men’s basketball team. Darius VanBlount, a UNF sophomore and member of the Ospreys track team, is charged with armed burglary, battery and resisting a police officer without violence. The second man, identified as Terrance Bermudez, 19 who is not a UNF student is charged with armed burglary and resisting a police officer without violence. The basketball player is recovering from minor injuries to the face and did not require hospitalization.”
These charges are very serious under Florida law. Armed burglary to an occupied dwelling is a felony charge which could result in a Florida prison sentence. As for the battery charge, I am assuming that it is a Jacksonville simple battery charge due to the injuries. The Florida simple battery law is Section 784.03 and this law states:
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
The article did not state that the firearm was used when the battery was committed. Also, the injuries were minor, so it appears that this battery falls under Section 784.03(1)(b). It is then simple battery, which is a misdemeanor. Both defendants were also arrested for resisting an officer without violence in Jacksonville. Florida Statute Section 843.02 applies to this charge. This Florida criminal law states:
“Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.”