Legal Question in Criminal Law in Florida
battery charge
My son is at PTDC, charged with battery (was in a fight with some bouncers at a club). He should be out tonight, and I'm wondering what type of penalty is typically given out for a 1st time offender. He's from out of state (CA) just in case they're tougher on people not from Miami.
1 Answer from Attorneys
Re: battery charge
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.
If this is his first offense, there is a good chance that he may able to get into a pretrial diversion program. It will be up to his attorney to convince the State Attorney's Office that this was an aberation of his behavior and not normal for your son. The attorney should also explain that whatever alcohol he consumed may have contributed to his actions. If he is allowed into the pretrial program and successfully completes it, he will not have any penalty given.
Scott R. Jay, Esq.
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