Can public defender get battery charges dismissed in FL?

Asked over 2 years ago - Palmetto, FL

Boyfriend and I argued; he got physical by grabbing me and choking me. I scratched his face and neck in self-defense. I was arrested for Battery based on incorrect police statement by admittedly drunk bf. He has previous record of: arrest for rape charge, jumping bail, and proven history of anger/volatility. Can Public Defender possibly get charges against me dismissed? We currently live and work together. I can't leave the county but need to get a new job and move asap

Attorney answers (2)

  1. Royce Brent Bishop

    Contributor Level 16

    2

    Best Answer
    chosen by asker

    Answered . A PD may be able to get charges dismissed. It depends on how strong or weak the evidence is against you. And yes, you need to get away from a guy with that kind of record. You two are going to end up really hurting or each other physically or emotionally or both. AND you cannot expunge a "withold of adjudication" for domestic violence in FL. Some felonies you can expunge, but a misdemeanor domestic violence, no can do. Sucks especially if he was the aggressor and you were just defending yourself. Also these cases are always the guys word versus the girl's word so if you were defending yourself, you don't have any witnesses to back you up. But if you get the case dimissed, you can expunge that record. The only other way is if you go to trial and are found not guilty. It is pretty easy to get a dometic violence charge in Florida and it is tought to get rid of that record. This is a problem when applying for jobs because if they see domestic violence they think the worst. A shove or a push can be domestic violence, but the employer probably imagines a scene from Fatal Attraction.

  2. Matthew Phillip Konecky

    Contributor Level 15

    Answered . It is possible for any attorney to get your case dismissed. The public defender may be assigned to your case if you meet the financial requirements. It is in your best interest to seek private counsel to work directly for you. You should contact some local attorney to see how they can help your case. Use Avvo to help your search.

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