Legal Question in Criminal Law in Florida

My fiance was just arrested for agrevated domestic battery. He was in prison for battery and false identification but has been out for over a year now. Will his previous record affect what happens to him with this arrest?


Asked on 9/03/10, 4:57 am

1 Answer from Attorneys

Nicholas Dorsten Blake & Dorsten, P.A.

It might in two ways. 1. In Florida, a prosecutor has a scoresheet that he or she has to use to calculate if there is mandatory prison time for a new charge. In your fiance's case, his prior charges will be scored along with this new charge and if the points are high enough, he may score prison.

2. The other way is if the Judge or prosecutor looks at your fiance's record and sees prior crimes that are related to his current domestic battery charge. In this case, your fiance has at least one prior battery and the Judge/prosecutor may ask for a more severe punishment based on his priors.

Goodluck,

BlakeDorstenLaw.com

(727)286-6141

Contact: [email protected]

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Answered on 9/08/10, 5:29 am


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