The technical definition of a Ponzi scheme is “a form of fraud in which belief in the success of a nonexistent enterprise is fostered by the payment of quick returns to the first investors from money invested by later investors.”

This form of fraud lures investors and pays profits to earlier investors with funds from more recent investors. The scheme leads victims to believe that profits are coming from product sales or other means, and they remain unaware that other investors are the source of funds. In many instances, these schemes are veiled as legitimate businesses or multi-level marketing companies. At each level of these schemes, the number of investors increases with a small group of promoters at the top who require investments from more and more people to pay back the initial investors. If you were to write this out, you would find the shape of a pyramid, which is where the term pyramid scheme comes from.

Running a Ponzi scheme, and even becoming an active or knowing participant in one, is a federal crime and is investigated by the Federal Bureau of Investigations (FBI).

Before we can talk about how to de-escalate or defend against assault or battery charges, we have to first talk about what they are.

An assault is a threat in the form of words, a gesture, or an intimidating act of harm to a person. A case of assault is established when it is confirmed that there was intent to commit a violent act, there was ample opportunity to commit the act at the time of the threat, and the threat of the act caused the victim to fear imminent harm. Types of assault include simple, aggravated, and felony, and the severity of penalties are determined by a number of factors including whether there was an intent to kill or if the act was against a minor or police officer. Penalties for assault can be anywhere from 60 days to five years in prison, six months to five years of probation, and anywhere from $500 to $5000 in fines.

Battery on the other hand is defined as the unlawful physical harming of another person against their will or consent. A battery case can be established if it is proven that a victim was intentionally touched or struck in an attempt to cause serious bodily harm. Types of battery include simple/misdemeanor battery, aggravated battery, and felony battery. Penalties range from one to 15 years in prison, one to 15 years of probation, and between $1000-$10,000 in fines depending on the severity of the crime.

Think of it this way: assault is often a threat, while battery is a physical act.

Stalking is often associated with mental feelings of obsession, but in the eyes of the law the definition is a little different.

Florida Statute Chapter 784 defines stalking as: “A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person…”

For example, a person might be charged with stalking if they continually and maliciously track a former romantic partner or friend’s whereabouts, or if they are caught stalking them extensively online (cyberstalking).

You may also stand accused of aggravated stalking if there is an element of a threat of violence. The same statute referenced above defines aggravated stalking as: “A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking…”

This is usually seen as the more extreme form of stalking, where someone might, for example, send threatening messages to their victim online or commit an act of violence against them. Further, if the person being stalked is under 16 years old, it also becomes aggravated stalking.

Before we dive into whether or not you can be charged with aggravated assault in situations of self-defense, let’s refresh on what this term means. An aggravated assault is defined by Florida Statutes as “an assault with a deadly weapon without intent to kill; or with intent to commit a felony.” Aggravated assault is a felony of the third degree with penalties including:

1. 5 years imprisonment
2. 5 years probation
3. $5,000 fine

It’s important to note here that a deadly weapon doesn’t necessarily mean a gun or knife. It can be a broken bottle, a shard of glass, or any device that can inflict serious bodily harm. Additionally, you don’t have to actually touch another person to be charged with aggravated assault. Rather, you can simply make a credible threat of deadly force with a weapon and be charged with aggravated assault.

If someone is threatening you, however, or if they make a move to harm you, aggravated assault may no longer apply (depending on the situation). For example, if someone has repeatedly punched you and you make a threat that you will shoot them if they do it again, that may fall under a different rule because of Florida statute 776.012.

Florida statute 776.012, titled “Use or threatened use of force in defense of person” states:

1. A person is justified in using or threatening to use force, except deadly force, against        another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
2. A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Under Florida law, vehicular homicide is defined as “the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.”

You might also hear vehicular homicide referred to as “vehicular manslaughter” as the terms are often used interchangeably. The key in these charges is that the at-fault driver must have been driving recklessly or with negligence or malice.

There are a few types of vehicular homicide:

•  Negligent or reckless driving
• DUI/DWI-related
• Traffic violation related (for example, running a red light or passing a school bus with stop signs up)

You are protected from self-incrimination under the Fifth Amendment of the U.S. Constitution. The Fifth Amendment provides that no person “shall be compelled in any criminal case to be a witness against himself.” That means that if, by answering the investigator’s question, the witness could provide evidence that might aid the government in prosecuting him, then he has the right to refuse.

For many people, invoking the Fifth Amendment might be seen as taboo. After all, isn’t that an admission that something is illegal or wrong, even if it isn’t necessarily related to the homicide? The fact is that pleading the Fifth Amendment is sometimes your best protection until you have an attorney to help you navigate the investigation.