Maybe a misdemeanor charge of disorderly conduct would have been appropriate, but in no way did she deserve a felony for a headbutt.
Assault itself is not normally a felony. It's a second degree misdemeanor.
https://www.flsenate.gov/Laws/Statu...) An “assault”,that such violence is imminent.
Same with Battery:
https://www.flsenate.gov/Laws/Statutes/2012/0784.03784.03 Battery; felony battery.—
(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.
But, knowingly committing assault and battery on a police officer aggravates the offense to a third degree felony.
https://www.flsenate.gov/Laws/Statutes/2012/0784.07(2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s.
316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as described in s.
316.640, a parking enforcement specialist as defined in s.
316.640, a person licensed as a security officer as defined in s.
493.6101 and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties,
the offense for which the person is charged shall be reclassified as follows:
(a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(b)
In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(c) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.
(d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years.
And, because she used racial terms while committing assault and battery, it should be classified as a hate crime.
The cop loses his job. The woman loses her right to vote forever and her freedom for a while.
Done and done.
