Legal Question in Criminal Law in Florida

Misdemeanor Battery, first offense

I will be going to court for a Misdemeanor Battery charge (I slapped a man for blowing cigarette smoke in my face a third time after being warned!)... It is my understanding that as a first-time offender, I may be eligible for a program in which my charges could be dismissed ...is this true? Also, I have some felonies on my record for which I went to prison for twice, but they are all more than 10 years old and I have had no trouble with the law in 10 years. Might I still be eligible for Pre-Trial Intervention or Pre-Trial Diversion??? I have never been charged with Misdemeanor Battery.

Thank You!


Asked on 3/04/08, 9:38 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Misdemeanor Battery, first offense

You're not a first-time offender if you've been to prison. When they say, "first-time offender," they mean, "first time you've ever been charged with anything except minor traffic offenses."

Still, since it's been so long since you've been convicted of the old offenses, you can give it a try. The worst they can do is say no and refuse to let you in to the diversion program.

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Answered on 3/05/08, 6:03 pm


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