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Jail time

Jail Time for Domestic Battery

Governor Scott just signed HB 1385 into law and it requires jail time for Domestic Battery charges.  UNLESS, your lawyer can get the State or the judge to agree not to send you to jail.

Previously, if someone was convicted of domestic battery, and any harm was caused, the judge could sentence the person to 5 days in jail. I rarely see this happen.  And it’s never happened to one of my clients.

Jail time

Now, … Read More

Jail or Treatment

Jail or Treatment

If an individual is charged with a second or subsequent DUI, they should know that the minimum jail sentence required can be satisfied by jail or treatment in a residential facility.  For example, if you are charged with a third DUI within ten years there is a mandatory thirty day jail requirement as part of your sentence.  However, if the court approves, all or part of this sentence may be served in a residential Read More

Crime and Punishment

Crime and Punishment

I recently attended a continuing legal education seminar on issues of Law and Politics from the perspective of historical political philosophers which reminded me that Crime and Punishment was not just some old book.  Some of the thinkers we discussed were Jean-Jacques Rousseau, Francis Bacon, Emerson and Plato.  The ideas of other great writers and thinkers such as John Locke, Thomas Jefferson, and even Russian greats such as Tolstoy and Dostoevsky, were interwoven in the … Read More

Will I go to jail for DUI?

Many times a client comes into my office asking: “Will I go to jail for DUI?”

Most times, the person has a prior conviction and has some knowledge of the law.

They know that if they have a:

  • second conviction within five years there is a mandatory 10 day jail sentence.
  • that a third offense within 10 years carries a minimum 30 day jail sentence or can be filed by the State Attorney’s Office as
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Felony Battery

Felony Battery: What’s the difference between a felony or misdemeanor battery?

Felony Battery

If you have been charged with Felony Battery  or in the state of Florida, one of three things must have happened.  You touched or struck someone against their will and either:

  • Caused great bodily harm
  • Caused permanent disability, or
  • Caused permanent disfigurement
  • Or you’ve had a prior misdemeanor battery conviction. (that means adjudication)

To be charged with a misdemeanor battery, you simply need to touch or strike another person against their will.  … Read More