Spring Breaker Charged with Battery After Attacking Def Leppard Drummer
March 20, 2023 Don Pumphrey, Jr. Criminal Defense, News & Announcements, Violent Crimes Social Share
A young man from Ohio has become his own “Florida Man” after getting arrested while on Spring Break. Due to what some would call “hysteria,” the man now faces multiple charges after attacking the well-known drummer from Def Leppard.
This page will provide details from the case, along with relative information on the various criminal charges the defendant is facing in Florida.
What was the Incident?
Ohio-based Max Edward Hartley, 19, was arrested after assaulting Rick Allen, 59, the famous one-armed drummer from Def Leppard. Hartley was on his Spring Break vacation in South Florida, and Allen was set to perform a co-headlining show with Motley Crue when the incident took place.
According to the report, Hartley had spotted Allen smoking outside of the Four Seasons hotel. Hartley had been hiding behind a pole watching the drummer when he suddenly ran at him full force. Allen was knocked to the ground, giving him an injury to his head.
Another woman from the hotel witnessed the assault and tried to intervene and help Allen. However, Hartley knocked her to the ground as well. The defendant hit the woman and as she tried to run back into the hotel for help, Hartley pulled her out of the building by her hair.
Hartley then fled the scene, but not before damaging several cars in a parking garage in the area. There were multiple calls made to 911 to report the Spring Breaker for attempting to break windows at the Four Seasons hotel and the Wine Garden restaurant. Employees from the Wine Garden chased after Hartley, until one was finally able to hold him down until police arrived. Multiple callers reported that Hartley appeared “very highly intoxicated.”
Hartley was arrested near the Conrad hotel. He has been charged with two counts of battery, four counts of criminal mischief, and a count of abusing an elderly or disabled adult. He has since bonded out of jail.
Battery Charges in Florida
Battery is defined as the intentional touching or striking of another person against their will, which is likely to cause bodily harm. In Florida, a person can be charged with simple battery or aggravated battery. The charges for battery offenses in Florida depend on the severity and circumstances of the offense.
Under Florida Statute Section 784.03, a simple battery offense is considered a first-degree misdemeanor. The penalties for a first-degree misdemeanor include up to a $1,000 fine and up to one year in jail. The prosecutor only needs to prove that the defendant intentionally touched the victim without their consent.
If the defendant has committed a second or subsequent battery offense, then they will face a third-degree felony. The penalties for a third-degree felony include up to a $5,000 fine and up to five years in prison.
Aggravated battery is defined as when a person who intentionally and knowingly causes great bodily harm, permanent disability, or permanent disfigurement from the commission of a battery offense. A person can also be charged with aggravated battery for using a deadly weapon during the commission of the battery offense.
Under Florida Statute Section 784.045, an aggravated battery offense is considered a second-degree felony. The penalties for a second-degree felony include up to a $10,000 fine and up to 15 years in prison.
Abusing an Elderly Person
In Florida, assaulting an elderly person falls under the offense of “elder abuse” which can be considered a form of domestic violence. Florida Statute Section 825.102 explains that the abuse of an elderly person can occur during (1) an intentional physical or psychological injury upon an elderly person or disabled adult; (2) any intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; (3) actively encouraging another person to commit an act that could be defined as elder abuse; and (4) isolating or restricting an elderly person or disabled adult which reasonably could be expected to cause them harm, or with the intention of hiding a criminal act. The statute provides that hiding or restricting such a person to protect them from danger is a valid defense to this charge.
Any person who knowingly or willfully abuses an elderly or disabled person, without causing great bodily harm, permanent disability, or disfigurement, can be charged with a third-degree felony in Florida.
However, if the abuse causes great bodily harm, permanent disability, or permanent disfigurement, they can be charged with aggravated abuse of an elderly person. Aggravated abuse of an elderly person is considered a first-degree felony. The penalties for a first-degree felony include up to a $10,000 fine and up to 30 years in prison.
Finding a Spring Break Defense Attorney in Florida
Although Spring Break is meant to be a fun-filled week in the sun and the sea, it is far too often that young adults on their Spring Break vacation get arrested for criminal offenses. We’ve previously covered the most common arrests made during Spring Break, which you can read more about here.
If you or someone you know needs legal representation after getting arrested during Spring Break, we advise you to contact Pumphrey Law Firm. Don Pumphrey and his team of attorneys have represented clients across the State for various offenses. We understand how stressful this scenario is and want to help alleviate as much as possible. Call us today at (850) 681-7777 or leave an online message for a free consultation.
Written by Karissa Key