Florida/Georgia Personal Injury & Workers Compensation

...Our conclusion here is consistent with our recent decision in United States v. Young, No. 07-14780 ___ F.3d ___ (11th Cir. May 19, 2008). That case involved the issue of whether the Florida crime of using fluids to commit battery of a child, Fla. Stat. § 784.085, is a crime of violence within the meaning of U.S.S.G....

...lawfully admitted for permanent residence under the Nicaraguan Adjustment and Central American Relief Act of 1997, Pub. L. No. 105-100, 111 Stat. 2160, 2193 (1997). In 2007, a Florida court convicted Poveda of the offense of battery on a child by bodily fluids, see Fla. Stat. Ann. § 784.085(1), and soon afterward, the Department of Homeland Security commenced removal proceedings against him, see 8 U.S.C....

...(2005) (felony battery). Several are inconsistent with the concept of domestic violence, see § 784.082, Fla. Stat. (2005) (assault or battery by person who is being detained in a prison, jail, etc.); § 784.048, Fla. Stat. (2005) (stalking), or the concept of rape, see § 784.085, Fla....

...statutory definition of the prior offense.” United States v. Llanos-Agostadero, 486 F.3d 1194, 1196-97 (11th Cir. 2007) (construing § 2L1.2(b)(1) enhancement). III. Young pled guilty to violating Florida Statute § 784.085, “Battery of a Child by Throwing, Tossing, Projecting, or Expelling Certain Fluids or Materials,” which is a felony punishable by up to five years in prison. Fla. Stat. § 784.085 1; Fla....

...According to the statute, it is “unlawful for any person... to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material.” Fla. Stat. § 784.085. 1 Regarding the battery conviction, at the age of 19, Young engaged in sexual intercourse with a 13-year-old girl. 4  According to Florida law, a battery occurs when a...

...Ashcroft, 350 F.3d 666 (7th Cir. 2003)). V. After reviewing the record and reading the parties’ briefs, we conclude that the district court did not err in determining that a conviction for violating Florida Statute § 784.085, “Battery of a Child by Throwing, Tossing, Projecting, or Expelling Certain Fluids or Materials,” is a crime of violence for purposes of the career offender enhancement....

...The use of physical force against another is an element of the statute. The statute at issue, while nominally entitled a battery, requires the violator to cause the child to come into contact with bodily fluids, by “throwing, tossing, projecting, or expelling” the fluids. Fla. Stat. § 784.085....

excepted children from being prosecuted under section 784.085, which states that “any person, except a child

urine, or feces, in violation of Florida Statute § 784.085. After review and with the benefit of oral

other factors not alleged or proven here. See § 784.085, Fla. Stat.; § 827.03(1)(a)&(b), Fla. Stat

(2005) (stalking), or the concept of rape, see § 784.085, Fla. Stat. (2005) (battery of a child by throwing

of a child by bodily fluids in violation of section 784.085. In each of these counts, the defendant was

him with aggravated battery in violation of section 784.0085(l)(a)(2) Florida Statutes (1997). The information'

and cannot enjoin Budlove from making. Section 784.085(1), Florida Statutes (2021), "create[s]

and cannot enjoin Budlove from making. Section 784.085(1), Florida Statutes (2021), "create[s]

and cannot enjoin Budlove from making. Section 784.085(1), Florida Statutes (2021), "create[s]

and cannot enjoin Budlove from making. Section 784.085(1), Florida Statutes (2021), "create[s]

and cannot enjoin Budlove from making. Section 784.085(1), Florida Statutes (2021), "create[s]

conviction for child battery under Fla. Stat. § 784.085 was a “crime of child abuse” under the same provision

conviction for child battery under Fla. Stat. § 784.085 was a “crime of child abuse” under the same provision