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Simple Battery (DV) Charge

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  • 07-06-2010, 10:23 AM
    apinales77
    Simple Battery (DV) Charge
    My question involves criminal law for the state of: Florida

    I live in NY and I was in Florida (Port St. Lucie) visiting my girlfriend and her family for the holiday weekend. We went out Saturday night, both got very drunk, and went back to here grand mother's house to go to bed (that's where we were both staying). For no reason, I cursed at my girlfriend and then slapped her once. She was worried for her safety and called the police. I don't recall any of what happened, until I arrived at the prison and was given my police report during the bond hearing. They arrested me with the charge of Simple Battery (DV). She didn't press charges, but the police still took me in since she had a light redding on her face. I bonded out ($1,000) and I'm back in NY. I'll eventually have to fly back down for the court hearing, but I just want to know what I should expect, in regards to my sentence? Probation? Dropped case?

    My GF loves me and doesn't want to press charges. She also said she wouldn't go to the court hearing, unless subpoenaed, to help my case. My GF also told me the police did not take pictures of her face, so will that help me either get my case dropped or get probation (with fines) ? Also, this is my first offense (clean record), I have a full-time job and I'm also a part-time college student. Will that help me out in any way?

    I know what I did to my GF was wrong, despite not remembering anything from that night. But I'm just really worried that i'll end up doing time for something I did while under the influence of alcohol. Especially since I would NEVER soberly strike a woman, let alone my girlfriend.

    Thanks for the help.
  • 07-06-2010, 08:48 PM
    cyjeff
    Re: Simple Battery (DV) Charge
    "I was drunk" is not an affirmative defense to domestic battery.

    Your girlfriend no longer has any control over the case. The DA will decide if there is enough evidence. Since the vast majority of victims recant their testimony, I wouldn't plan on her saying she doesn't want to pursue this anymore having any effect on the case whatsoever.

    If there is a no contact order in place, you should abide by it... even in NY.

    Plan on anger management, probation and a reasonably large fine. oh, and be prepared to explain the charge to prospective employers for a very long time.
  • 07-12-2010, 04:33 PM
    apinales77
    Re: Simple Battery (DV) Charge
    Thank you for the info.
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