Legal Question in Criminal Law in Florida

My husband is charged with (1 COUNT) BATTERY

Recently my husband has been charged with battery during a domestic dispute. I am the victim in this case. I completed a request not to prosecute form, but the State Attorney will prosecute regardless of this. I do not wish to prosecute my husband because he pushed me away from him in an act of self- defense. Should my husband plead ''not guilty'' and seek an attorney, or plead guilty and receive a diversion along with 6 months probation (once completed the charges will be dropped)?


Asked on 7/03/03, 7:24 am

1 Answer from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: My husband is charged with (1 COUNT) BATTERY

He should not plead guilty, but he should not be required to do so to enter a diversion program. Diversion programs differ in various counties, but generally, they are good ways to resolve cases without having the risks of trial. He should win a trial as long as you verify that his actions were in self defense, but the dropping of charges upon completion of a diversion program is just as good, entails no risk of conviction, and is less expensive. However, it is worth the money to consult with an attorney from your county experienced in criminal law, to discuss the actual terms of the diversion program where you live.

Dan

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Answered on 7/03/03, 9:32 am


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