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  1. #1
    Join Date
    Feb 2011
    Posts
    3

    Default Domestic Violence - Third Degree Felony

    My question involves criminal law for the state of: Florida

    Two weeks ago my now ex-boyfriend was arrested for Domestic Violence. He had threw me around and strangled me to the point where I couldn't breathe. I had called the police right away and they saw all the bruises on my body. They arrested him immediately. He is charged with two counts of third degree felony and his record before this was clean. This has happened in the past and he has threatened to kill me, which I had told the police. I just never admitted it to anyone until now.
    I had just written my sworn statement saying that I would like to drop charges but obviously if the State picks it up, I would like for him to get help in some way.

    Do you think the State is going to move on with the case because of the severity of it? Or since it's his first felony they might drop it?

  2. #2
    Join Date
    Jul 2010
    Posts
    3,399

    Default Re: Domestic Violence- Third Degree Felony

    Yes, the State will most likely move forward with it given the physical evidence against him as well as your statements at the scene. The state doesn't just drop felonies. Could they plea him out to a lesser charge...I suppose anything is possible but don't count on it. They don't want egg on their face if they give him a break and he then seriously injures or kills you later on. YOU need to seek assistance from a qualified counselor or DV shelter. Your mind is clearly grasping the fact that he is capable of killing you but you aren't acting on it. Your mind is trying to tell you to get the hell outta dodge. Ex or not...you need to make sure he goes to jail as well as getting yourself a protective order.

    I'm sure aardvarc will be along soon with further guidance but you need to protect YOU...not him. He may need help but it is in your best interest NOT to stick around while he tries to get it.

  3. #3

    Default Re: Domestic Violence- Third Degree Felony

    I had just written my sworn statement saying that I would like to drop charges but obviously if the State picks it up, I would like for him to get help in some way.
    Either he's going to get help willingly, or, he's going to be ordered by the court to get help as part of a sentence. If the state drops the charges, they know that the odds that he'll get that help on his own are slim, and they'd rather deal with his DV issue now than put him on trial for homicide (yours or someone else's) later. DAs get paid to prosecute crimes, and DV ones are not only among the most violent, they have the highest chance to RE-occur (even with some other victim down the road), so most DAs pursue them whenever possible. With a good attorney, he might get a plea down to a misdemeanor, but no DA is likely to drop a felony DV case altogether, especially when there is documentation of injuries such as yours.
    Catherine NeSmith
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  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Domestic Violence- Third Degree Felony

    I will say that the previous incidents will be ignored.

    Why?

    Because they couldn't have been too bad... after all, you went back into your shared home, right? And you didn't call the police, right?

    Therefore, they may view this as you adding to the story...
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  5. #5
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Domestic Violence- Third Degree Felony

    Thank you. On his case summary they had added, Written Notice for Defense Discovery, Demand for Disclosure of Criminal Records, and Demand for Exculpatory Information.
    What are these?

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