Legal Question in Criminal Law in Florida

My live in boyfriend (of 6 years) was arrested last night for assault/domestic violence. I felt pressured in the heat of the moment to write a statement.

He has never struck or hurt me before. He was arguing with my brother, my brother was in the bedroom and my boyfriend in the small hallway in front of the bedroom door, i was standing in front of the doorway to try and calm my boyfriend down so the situation wouldn't escalate further.He simply pushed past me to try and get in the bedroom. the police said because he pushed me it was considered assault i tried to explain it was an accident and not intentional the whole thing was blown way out of proportion. i want to drop the charges and what to say to do so. I need some kind of advice and to know what to expect..please help.


Asked on 5/18/10, 8:56 am

1 Answer from Attorneys

Aaron Slavin Slavin Law Firm, LLC

You can certainly let the State Attorney's Office know that you want to "drop the charges;" however, it is ultimately up to the State Attorney's Office to decide whether they want to proceed or not. They CAN, and many times do, proceed on Domestic Battery cases without the cooperation of the victim.

That decision will decide on what other evidence is available, i.e., Are there any other witnesses that saw what occured that would be able to testify to the Battery? Were photographs taken to document any injury you may have had? Is there a 911 call that was made that described the violence as it was occuring (or shortly thereafter)? What is your live-in boyfriend's prior criminal history (especially as it relates to Domestic Violence charges?

I would encourage you to read the Domestic Violence page on my website at: www.slavinlawfirm.com for more information on how the State of Florida handles these difficult, but very common cases.

If you have any specific questions, you can reach me by email 24/7 at: [email protected]

While our primary offices are in Clearwater and St. Petersburg, we handle all criminal cases throughout the Tampa Bay area (including Polk County and its surrounding areas).

Normally, on these types of cases, it is best to get with an experienced attorney immediately (at least have your boyfriend do so). There are some forms and pleadings that can be filed on YOUR behalf to let the State Attorney's Office and the Judge know exactly what your wishes are, but they are best done before the State Attorney's Office reviews the case. The longer you wait, the more difficult it becomes to get this type of charge dismissed or reduced.

Please contact me direclty if you have any specific questions.

Good luck,

Aaron J. Slavin, Esq.

SLAVIN LAW FIRM, LLC

4707 140th Avenue North, Suite 211

Clearwater, Florida 33762

727.474.3785

1.877.HIRE.SLF

www.slavinlawfirm.com

www.tampabaycriminaldefenselawyerblog.com

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Answered on 5/23/10, 9:29 am


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