Miami Beach's famous Fontainebleau hotel is in the national news today as the place where Gloria James, Lebron James' mother, was arrested by Miami police early this morning on charges of battery and public intoxication.
The news reports are headlining that Lebron James' mother allegedly assaulted a valet at the Fontainebleau, which she vigorously denies.
The Miami Police Department has issued a press release about the arrest of the Miami Heat forward's mother. Even better, the actual police report (including the cop's sworn affidavit) has made it to various celebrity sites (read it here courtesy of TMZ.com).
The Confusion Surrounding Assault Under Florida Civil and Criminal Law
The Miami Heat's LaBron James has a mother who has been charged with a crime. Under the Florida Penal Code, "assault" is an illegal act, specifically defined by the Florida Legislature in Florida Statute 784.011. Technically, while the news media is using the word "assault" in its coverage, the Miami police report suggests that the actual crime that Mrs. James is facing is "battery" under Florida Statute 784.03.
Mrs. James will have to hire a criminal defense attorney and defend herself in Florida criminal court system against these allegations, as detailed in that affidavit found in the police report. Maybe that's all she will have to do.
However, entirely separate from the criminal laws in Florida, as well as other states, there are civil laws that make certain intentional acts to be unlawful, too. They are commonly referred to as "intentional torts," and assault is a recognized tort under Florida's civil law today.
Which means that the person who was involved in this situation with Gloria James might be seeking guidance from a personal injury plaintiff's attorney to see what lawsuit he might be able to file against Mrs. James. This would be a separate lawsuit than the criminal case, with a separate docket, separate lawyers, separate burdens of proof, and separate trials.
Most importantly in civil assault cases, if the plaintiff is victorious, it means that money is awarded as damages -- something that the criminal assault case will not provide. Tort damages are available for civil assaults.
The Florida Legislature provides a four year statute of limitations for an assault lawsuit to be filed in Florida Statute 95.11.
Which means that LeBron James' mother may be waiting for another shoe to drop here ... waiting until April 8, 2015.
By on April 7, 2011 1:17 PM
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