Arguing with wife over leave a friends house and the wife tried pulling the steering wheel of the car and my son pushed her away. the wife is claiming her slammed her hand in the car door 5 times but there is no marks on the wife's hand. This is my son's first offense.
It looks like he was charged with misdemeanor battery, a first degree felony. He could be sentenced up to a year in county jail in addition to fines and court costs.
You should contact an attorney here in NW Florida to help you. Please let me know if you have any additional questions.
Domestic Violence (DV) cases present wrinkles for everyone in the system (the Defendant, the State and the Court), as they almost always involve emotional charged folks who's lives are either interdependent or interconnected, the potential for repeat or escalated violence is almost always high and there is more often then not the likelihood that a victim will, for whatever reasons, wish not to prosecute the perpetrator.
For these reasons, in FL DV cases Defendant's suffer aggressive prosecution (more aggressive than many other offenses), the State feels obligated to "force" all victim's to "help themselves" (which serves the dual purpose of covering its own ass in the event of a subsequent violent altercation) and the Court engages in pure self-protection (no Judge wants to read her/his name in the paper as being responsible for "cutting loose" the repeat DV offender who re-injures, more seriously injures or kills a victim when the Court could have acted to prevent the same from occurring).
These are the practical realities of DV cases that we all must live with and it is for these reasons that there is a mandatory 24 hold (a statutorily required cooling-off period) for anyone booked into a FL jail for any DV case and that DV victim's are afforded special protections, are required to be evaluated (if only by responding officers who have a DV "checklist") and are required to be provided information about alternatives to returning to "life" with the alleged perpetrator).
Fortunately, in many cases, and particularly those where the offense did not result in any serious injury and ultimately amounted to an unfortunate but otherwise understandable incident, there are a few ways to try to effect the State's decision to prosecute.
The best advise you are going to get on a given case is to find yourself a local criminal defense attorney (in your case in the Milton area), make an appointment, show up on time and bring with you as much relevant paperwork or information as possible.
Wishing your son luck and hoping that I have been helpful in answering your question.
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This is a domestic violence case. A conviction would remain on his public record.
It could affect his ability to obtain employment and he could have difficulty obtaining a residence.
He needs an attorney
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