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Can I get jail time for a misdemeanor battery?

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Can I get jail time for a misdemeanor battery?

I am 43 years of age and never got in trouble in my whole life. It was between my son and I and I got jumped from his friends but I got arrested. I am really scared about this.

Asked on December 5, 2010 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

In FL, simple battery is a first Ddegree misdemeanor punishable by 1 year in jail, 1 year of probation, and/or a fine up to $1,000.  Since this is your first offense, you may be able to have your charges "conditionally discharged".  FL offers diversion for first-time offenders. This simply means that you will be released to probation without a trial.  If you successfully complete the probation the charges will be dropped.  If you violate the probationary terms, however, you will be brought back to court and face the original potential sentence.

Since this is a criminal matter you really should have an attorney represent you on this matter.  Perhaps they can get the charge dismissed or reduced (this way you will be eligible for diversion if you should again get into trouble with the law).  See if you qualify for representation Legal Aid (their are income limits) or see if they can recommend someone to help you.  Also, check if there is a law school nearby to where you live; they typically run free/low cost clinics that handle these type cases.  Finally, you can contact the local Bar Association in your county; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances. 

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

In FL, simple battery is a First Degree Misdemeanor punishable by 1 year in jail, 1 year of probation, and/or a fine up to $1,000.  Since this is your first offense, you may be able to have your charges "conditionally discharged".  FL offers diversion for first-time offenders. This simply means that you will be released to probation without a trial.  If you successfully complete the probation the charges will be dropped.  If you violate the probationary terms, however, you will be brought back to court and face the original potential sentence.

Since this is a criminal matter you really should have an attorney represent you on this matter.  Perhaps they can get the charge dismissed or reduced (this way you will be eligible for diversion if you should again get into trouble with the law).  See if you qualify for representation Legal Aid (their are income limits) or see if they can recommend someone to help you.  Also, check if there is a law school nearby to where you live; they typically run free/low cost clinics that handle these type cases.  Finally, you can contact the local Bar Association in your county; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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