What is the likely result for a first time offender (no prior arrests) being charged with felony battery in the state of FL?

Asked about 2 years ago - Fort Myers, FL

My husband & I were at home drinking. I forgot I took my new migraine medicine that day, so I thought it was ok to drink as I normally did. I don't remember anything after dinner. The next thing I do remember is waking up with my husband bleeding on his forehead, him punching me, me screaming for help, him not wanting me to leave the house & then him punching me again. It's all rather blurry in my mind, even the parts I do remember. I finally went to my neighbors to ask for help because I was confused & scared. I wanted to call my mom but they called the police. I was arrested & charged with felony battery because I apparently threw a vase at him & he had to get stitches. He does not want to press charges, this was an isolated incident & very uncharacteristic.

Attorney answers (3)

  1. Jimmie David Gentle

    Contributor Level 12

    5

    Lawyers agree

    Answered . First, it depends on your husband and what he wants to see happen with the case. Second, If the State Attorney's charge you with an Aggravated Battery causing great bodily harm, that charge is very serious. In the Florida Sentencing Guidelines, you could be looking at some very serious jail time. You need to hire a skilled criminal defense attorney in your area. You may have some good defenses that you need to explore.

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  2. Royce Brent Bishop

    Contributor Level 16

    4

    Lawyers agree

    Answered . If no criminal record there is probably a standard type of offer in that county, but a local attorney would know more accurately. In Miami, there is batterer's intervention or pre-trial diversion or pre-trial intervention--different counties use slightly different terms. But around here, if it makes its way to criminal court, they want the accused to do anger management and be on probation till fines are paid and classes are over with (those cost money too). Here it is 6 months probation for a first time misdemeanor, so based on that MAYBE they have a 1 year program offered by the state attorney in your area. Of course you don't have to take the offer. If your husband is the only witness against you who saw this, then he can try to drop the charges or press charges. That has a lot to do with what a prosecutor will do and if there is any criminal record. Do talk to a local attorney.

  3. James Regan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . There are a multitude of ways to get this case worked out in your favor. You need an attorney who has criminal trial experience and knows how to convince a jury regarding the mutual combat theory of defense. From that standpoint of strength, a favorable outcome may be negotiated, or possibly the case dismissed.

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