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Can i avoid jail time on an aggravated battery charge in florida?
Anonymous2 views3 answers
i have been charged with aggravated battery/great bodily harm in broward county florida. my judge is raag singhal. i have never had a violent crime in my record. i score out to 62.3. they accused me of cutting the victims face. i didnt, they have no weapon. my attorney is a public defender and has asked the state to give me probation. the state denied that request. im really just wondering should i get a private attorney and have their been any instances where jail time has been avoided, and under what circumstances. this case is going on 2 years now. my public defender is now asking for a downward departure. if she gets it will that eliminate jail time? ty
I have taken several aggravated battery cases to trial including one with injuries similar to your case. Aggravated battery cases usually score prison sentences and that is why most people take these to trial especially if you have a self defense claim. The state not only has to prove beyond a reasonable doubt that you committed the crime, but they also have to prove beyond a reasonable doubt that you were not justified in defending yourself. The only way to get around the scoresheet is to have a legitimate uncoerced plea bargain between yourself, your attorney, and the state attorney. The judge may be able to downward depart without the consent of the state under very limited circumstances. Its one of those situations where the state must cooperate in order to avoid prison. Another way to get around the points is to plea to a LIO (lesser included offense) of felony battery and plea it up to the judge. However, you could still get prison time for a felony battery but your risk exposure is much lower. You need a criminal trial attorney to prep this case for trial as i have done many times before for clients in your situation. hope this helps.
