“Father of baseball player arrested after punching 63-year-old umpire, Florida Sheriffs says.”
Mr. Jorge Aponte was arrested for Battery on an umpire and disrupting a school function. Normally under the battery statute what Mr. Aponte is accused of doing would be punishable up to one year in jail, however, because the victim is an umpire the maximum sentence is increased from 1 year county jail to five years in the department of corrections.
Under Florida Statute the government would have to show that Mr. Aponte touched the victim without his permission and that the 63year old worked as an official or umpire. Under Florida Statute 784.08 the definition of umpire goes like this; any person who serves as a referee, an umpire, or a lineman, and any person who serves in a similar capacity as a sports official who may be known by another title, which sports official is duly registered by or is a member of a local state regional, or national organization that is engaged in part to providing education and training to sports official.
The second charge has to do with disrupting a school function. Under Florida law 877.13, disruption of a school function is punishable up to 60 days jail.
Mr. Aponte did tell police that he was protecting his son. In Florida a person can defend another person by use of force if they think the other person is going to be seriously injured or killed. It is unclear with these facts if a stand your ground defense could be used by Mr. Aponte. Further investigation would be needed by an experienced Defense Attorney. The Attorneys at Smith & Eulo have experience in battery cases which would help uncover any possible defenses Mr. Aponte may have. Contact the Attorneys at Smith & Eulo at 352-WIN-4YOU if you have any questions about your case and we would be happy to explain to you all options you may have, we also offer free consultations and payment plans.