Two children notified the police after a jogger attacked them. The children made rude comments to the runner as he passed by. The jogger responded by grabbing one of the kids off his skateboard and shaking him in the air. The jogger threatened the child’s mother that she’s lucky he did not beat the child for his snide remarks. The police arrested the jogger on battery charges.
Battery in Florida
Under Florida law, battery is defined as the unlawful touching or striking of another individual against their will or causing bodily harm to another person intentionally.
This first-degree misdemeanor will be penalized with up to one year in jail, one year of probation, and a fine of $1,000.
Pretrial Diversion Program
The Pretrial Diversion Program was created for individuals who have been charged with a crime that does not want this charge on their permanent records. The state of Florida realizes that sometimes people make mistakes. Instead of paying for such mistakes for the rest of their lives, participating in a Pretrial Diversion Program allows individuals to learn from their mistakes in order not to make them again.
Florida Statutes, Section 948.08 states who are eligible for a pretrial diversion program:
“Any first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of a third degree, is eligible for release to the pretrial intervention program on the approval of the administrator of the program and the consent of the victim, the state attorney, and the judge who presided at the initial appearance hearing of the offender.”
Not every case will have the same Pretrial Diversion Program conditions. The defendant’s attorney and the prosecution will agree on terms that the defendant must follow in order to satisfy this program. Only when the terms are met, will a person be able to have their record expunged.
Various program requirements may be:
- Supervision in which you meet monthly with your supervisor
- Drug and alcohol testing
- Community service
- Court fees
The program fees will be paid for by the defendant.
Musca Law Firm
If you have been charged with battery, Musca Law Firm wants to hear from you. We serve the entire state of Florida and have offices located in various cities, such as Tampa, Fort Myers, Naples, Sarasota, Orlando, and many others. We offer a free initial case consultation to make sure you feel that we are the right fit for your case. All of our attorneys are determined to find the best possible outcome for your case.
Call us today at (888) 484-5057 to speak with one of our highly-qualified attorneys. We look forward to hearing from you!
RESULT: The Musca Law Defense Attorney fought the charges against the Client by deposing key witnesses in the case. The Defense entered the Client into a Pretrial Diversion Program to keep this first time offender out of the Court system. The State then DISMISSED all charges against the Client. The Client is now eligible to have his records expunged.