Legal Question in Criminal Law in Florida

Hello, I was flurting with this girl on the beach the Past Saturday and in the course of our conversation i told her" I'm going to spank you", She lifted her thigh up, so i went ahead and did it. I guess it was harder than she expected so she went and complained to the police. They gave me a court date to appear and see a judge. I do have a witness.First of all, is this considered an arrest? Second, please advise what are some possible outcomes and how should I proceed going forward. Appreciate any Help in advance

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Asked on 5/04/10, 9:14 am

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

A battery is an intentional touching or striking another person against their will. Since this was not against her will, it shouldn't be charged (although she may not have consented to the strength of the slap). That's the reason that boxers can't get charged with battery because it is not against the other person's will. As far as arrest, the answer is no it is not an arrest, however, the case will proceed as if you got arrested. You probably received a "notice to appear." Because fines and costs can exceed $1000 and you face up to a year in jail, it is crucial you seek counsel right away.

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Answered on 5/09/10, 11:56 am
christian denmon Denmon & Denmon Trial Lawyers

The officer issued you a "notice to appear" in court. Florida law allows an officer the ability to issue a Notice to appear in lieu of an actual arrest. So, no, you were not arrested. However, the officer has still found probable cause of a ( I am assuming ) misdemeanor battery, and has charged you accordingly.

You have two choices: Plead guilty or not guilty. In either case, you might wish to at least consult a Criminal Attorney in your area. A convition for a misdemeanor battery carries with it at least a ~800 dollar fine. However, it can also include up to 12 months probation, anger management classes as a condition of probation, and up to 365 days in the county jail.

Also recognize a second felony conviction down the road can be feloniezed based upon a conviction of a battery in your current case.

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Answered on 5/09/10, 2:27 pm


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