John,

From studying Florida law on a website, it appears you are correct. The real problem is that he whacked the boy outside instead of inside (defending the home).

I have zero sympathies for the boy and hope the pain lingers for a good while to serve as a reminder that he was in the wrong morally.

Some observations:

1. The father was surprised and well should have chased the boy.

2. We don't know what the boy may have said to the father. Did he mock him? This makes one wonder if the father could get off or just receive no sentence based on the fact that not many men would have let the boy just quietly go.

3. Secular law must be adhered to; however, the element of surprise and righteous indignation causes us to be temporarily ignorant of the laws (such as Moses killing the Egyptian). However, we are still accountable.

It is a regrettable situation in all ways, but I'd never convict the man of anything in this case--except maybe for being a poor (or ignorant) father.