What is the typical sentencing for battery on a leo in conjunction with dui 2nd offence

Asked about 3 years ago - Sarasota, FL

battery waas a bogus charge. is it possible to beat this

Attorney answers (3)

  1. Craig A. Epifanio

    Contributor Level 18

    Answered . Fortunately there is no such thing as a typical sentence since the judge weighs and evaluates all the facts. I can tell you that you are facing up to 5 years prison on the battery charge and an additional 9-12 months on the DUI (depending on specific facts). You should talk to an attorney to see ways this can be beat. It is possible but you will need assistance.

  2. Thomas S. Hudson

    Pro

    Contributor Level 9

    Answered . The range of penalties is up to five years in prison, but a lot depends on your personal circumstances, the nature of the battery and your previous criminal record (besides the prior DUI). All in all, I would be more concerned with the Batt LEO than the DUI. It is a felony, and the DUI is still a misdemeanor, even though it is a second offense.

    Many DUI's are won on the basis of an illegal traffic stop. If your stop was constitutionally defective, then the Batt LEO might get thrown out, too.

    Our website, www.DUISarasota.com, can give you a lot of information. Or you can call us anytime. We are in Sarasota.

  3. Royce Brent Bishop

    Contributor Level 16

    Answered . There is really not a typical sentence, some judges are harsher than others. Many of our judges were prosecutors in the past. We can really only tell you the maximum sentence and guess the sentence if we are in front of the same judge all the time, which is pretty rare unless you only practice the same area of law over and over again in the same court in a small town, then we don't know what the judge is thinking. I can say if you have a criminal history, the judge will likely be harsher, if you have no criminal history, then the judge is more likely to be easier on the defendant.

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