While a misdemeanor battery is a serious charge that can carry jail time, the bigger problem is the fact that the new charge of battery likely violates his Felony Probation. With a violation of probation, the defendant is re-exposed to the maximum possible sentence including incarceration, as opposed to just probation. There are ways that an attorney can work to get the new charge dismissed which could consequently result in a dismissal of the violation of probation as well. Even if the new charge is not dismissed, there may be ways to mitigate the situation and get the Defendant back on probation without incarceration but it will depend on the facts of the new case, his prior record, and if there have been any prior violations of probation. It appears Judge Berkowitz gave him a $10,000 bond on the new case and no bond on the violation of probation, which the courts are allowed to do. This means that he can be held in custody unless and until he either resolves the cases or a judge reconsiders the bond amount. If your case is in Hillsborough County or a surrounding county, feel free to contact me for more information or if you desire representation for him. My e-mail is dina@FightTheChargeTampa.com
Battery is hitting is hitting or touching someone or their immediate area in an offense way. But for the most part, their body. It is the state attorney (prosecutor's) decision whether or not to pursue this charge. The state attorney's office will want to interview you and if you try to back out, they will wonder why and if your mate is threatening you to not press charges. So they may pressure you quite a bit. If you say now it did not happen or I do not care and you called the police, they may ask if you were lying and making false reports of a crime, which is crime against you. OR they may just say, "Oh, you don't want to press charges . . .fine, sign here saying you don't want to press charges and you are done and free to leave." It is up to that particular prosecutor as to how aggresive or laid-back they are regarding domestic violence charges.
As a side, if your mate keeps getting DUI's, drinks, and you guys get into fights, maybe you guys need some counseling, a break, or a permanent break. From your question, you don't even seemed phased by all this . . .more like you are just sort of curious like its not a big deal. At least that is the impression I'm getting. I'm not taking sides because I love defense and prosecutors can be level-headed or ridiculous, but for your sake and your mate's sake, prosecutors get very very upset about people who cry help (maybe you did not call the police) and then say, "Oh, nevermind, no big deal, I don't want to press charges." it's like the little boy that cried wolf. And if it was a big mistake or understanding and you were never attacked then I apologize and you need to help mate get an attorney yesterday. #dropcharges