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Asked 10/24/2011

I have been charged with a 3rd degree felony / Battery on a law enforcement officer with no injury/ in the state of Florida, I have a history of depr

I have been charged with a 3rd degree felony / Battery on a law enforcement officer with no injury/ in the state of Florida, I have a history of depression and social anxiety for the past 10yrs, and no record.

This is my first time ever to be arrested or in jail for that matter, I have no other record of offense with any law enforcement agency.

I am really frightened as to what can happen to me , ie,sentencing,conviction of a felony as i would lose my rights,

Can you tell me what i'm looking at as a possible sentence this is really not helping with my depression.
Thank you and i hope you can answer this for me.

 
 
 
 
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Answer 1/2 - Submitted 10/24/2011

If it's really your first time in trouble like this, you might be able to get deferred adjudication or something like that, so that it won't go on your record. Hopefully, the court isn't looking to make an example out of someone, but I'm sure they don't want to give the impression that you can come at police officers physically and get off lightly. Your best bet is to try to:

(a) Get a lawyer. People always think they handle these types of things without legal help (and because lawyers are expensive), but you can't. Just like you wouldn't try to give yourself a root canal or open-heart surgery, you really need to call in the professionals here. Try to get a good criminal lawyer who has a great relationship with the DA's office.

(b) Try to get on the officer's good side (or hopefully your lawyer will try to do so). i think the court and the DA will take the officer's desires into account in a situation like this, and if you can convince him that you're a good person that got caught up on a bad day, maybe he'll go to the DA and say "Hey, let's see what we can do to keep so-and-so's record clean..." I'm not saying it will work, but if you're sincere (or your lawyer is), you might be able to minimize the fallout here.

 
 

Answer 2/2 - Submitted 10/24/2011

Although the Florida law allows penalties up to 5 years in prison or a $5,000 fine for a third degree felony, the chance of that happening to you is slight.

With a lawyer, you should be able to get a suspended sentence, although you'd still get some kind of a fine. You don't want to have to go to jail, so get a criminal defense lawyer who is familiar with your local courts.

Usually you can find experienced lawyers right near the jail and courthouse. They have offices nearby.

Also notify your psychologist or counselor to come in and testify as to your condition, which would have an effect on preventing you from having a hardened, criminal intent, since you are suffering a disability from your chronic depression.

Money spent on a lawyer is money well spent now. Try to avoid a conviction that will go on your record.

 
 
 
 
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