Legal Question in Criminal Law in Florida

aggravated battery

My sister and I got into a verbal fight, then it turned physical, she grabbed me by my neck and i ended up cutting her thumb with a knife, which is aggravated battery..yes?

i am charged with aggravated battery which i am ok with i guess, but my question is. at my arraignment, if my sister does not show up to court, am i off the hook? she was the only witness, and she went back west where she lives.


Asked on 8/05/04, 5:47 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: aggravated battery

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is no requirement for your sister or the police officer(s) to appear at the arraignment. Your sister will need to appear at the trial, however, or the State Attorney may nolle prosse (dismiss) the case. An attorney would file a Motion to Dismiss for Lack of Prosecution.

I strongly suggest that you consult and/or retain a local attorney to represent you in this matter. The outcome of this case may affect the rest of your life.

Scott R. Jay, Esq., 305-249-8000

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Answered on 8/05/04, 7:55 pm


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