(B) has no priors, holds a good job, is young but over 25, was in college when this situation happened, but now has been working at home on House arrest.
(A) was talking bad about (B) at a bar they were at. After the bar had closed, (B) was leaving and heading out the entrance when he saw (A) heading towards his car saying things. (B) said he saw (A) pulling out an object, thinking its a weapon. (B) always has an object in his car he always keeps in there for protection, it is not a gun or knife. (B) was very very drunk, could barely talk right. (B) began to fight (A) with the object. (A) was not even knocked unconscious, police reports tell that as well. after the fight (A) and (B) exchanged brief words & (B) left and was later arrested & bonded out on attempted murder, probly
Bc of the injuries.Aggrevated battery should be the charge,but the "victim" not innocent either &prosecution is pushing for the highest charge.We just hired a new defense right after the 1st plea was offered,he is a homicide trial atty.He is very busy &that's why I'm on here.All that has been happening is the judge,prosecutor & victim talk,that's it.I feel like when we have all of our things together it's going to be an explosion,however,the prosecutor due to her 2nd offer, 20 yrs, looks like she won't change her mind, because the "victim" keeps lying about how many times he was hit, that he was knocked unconcious when police reports disqualify that.(B) has been told by counsel to not say anything. Do you think that there will be any chances of lower offers?Any charges dropped? If we take it to trial which it looks like now,would it be a conviction of ATT. MUR. Or guilty to the AGG. BAT. Charge?Any hope?
Criminal Defense Attorney
Agreed, your question is too involved for an attorney to give you a competent answer on the internet. You need to sit down with your new attorney and have him explain the logic. Every case is different and has unique facts.
You have hired a second attorney on this case. That is who you should be directing your questions to.Sincerely,
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Criminal Defense Attorney
As specific as your information is, there are missing factors that even an attorney licensed in FL would need ti hear. Also, a reponse and discussion of the nuances of negotiations, court proceeding and possible tactics/strategies would require more time and space than this forum can provide.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
You should have faith in your attorney. Counsel is probably being diligent as possible to look into the a claim of self-defense.
There may also be information that mitigates a sentence such as victim was an initiator or willing participant relevant to sentencing:
Florida Statute 921.0026â€ƒMitigating circumstances.–This section applies to any felony offense, except any capital felony, committed on or after October 1, 1998.
(1)â€ƒA downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 921.0024, is prohibited unless there are circumstances or factors that reasonably justify the downward departure. Mitigating factors to be considered include, but are not limited to, those listed in subsection (2). The imposition of a sentence below the lowest permissible sentence is subject to appellate review under chapter 924, but the extent of downward departure is not subject to appellate review.
(2)â€ƒMitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include, but are not limited to:
(a)â€ƒThe departure results from a legitimate, uncoerced plea bargain.
(b)â€ƒThe defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.
(c)â€ƒThe capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.
(d)â€ƒThe defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.
(e)â€ƒThe need for payment of restitution to the victim outweighs the need for a prison sentence.
(f)â€ƒThe victim was an initiator, willing participant, aggressor, or provoker of the incident.
(g)â€ƒThe defendant acted under extreme duress or under the domination of another person.
(h)â€ƒBefore the identity of the defendant was determined, the victim was substantially compensated.
(i)â€ƒThe defendant cooperated with the state to resolve the current offense or any other offense.
(j)â€ƒThe offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.
(k)â€ƒAt the time of the offense the defendant was too young to appreciate the consequences of the offense.
(l)â€ƒThe defendant is to be sentenced as a youthful offender.
(m)â€ƒThe defendant’s offense is a nonviolent felony, the defendant’s Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are 60 points or fewer, and the court determines that the defendant is amenable to the services of a postadjudicatory treatment-based drug court program and is otherwise qualified to participate in the program as part of the sentence. For purposes of this paragraph, the term “nonviolent felony” has the same meaning as provided in s. 948.08(6).
(3)â€ƒExcept as provided in paragraph (2)(m), the defendant’s substance abuse or addiction, including intoxication at the time of the offense, is not a mitigating factor under subsection (2) and does not, under any circumstances, justify a downward departure from the permissible sentencing range.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.