Legal Question in Criminal Law in Florida

One week ago my fiancee and I got into a verbal fight, which turned physical with me hitting and jumping on him. He then proceeded to get me on the ground and put his hands around my neck to make me stop. He didn't "Choke" me per say, just got on me to make me stop. I did call 911 and the cops took pictures of a "Red Mark" on my neck and really made a big issue out of it. My fiancee is now charged with a felony. My question is: As the :"Victim" of a crime, what rights do I have in terms of lessening his charges? I think the whole thing went way overboard and seriously, I am not nor will ever be scared of my fiancee. I'd like to do what I can to rectify the situation if possible. Thanks!


Asked on 5/09/10, 2:12 pm

1 Answer from Attorneys

Royce Bishop Mr. M & Save My Home

The State Attorney would like you to testify against your fiance. They take domestic violence very very very seriously. You can refuse to testify, say you don't want to testify, etc. Most of the time the State will go away. If they will not go away and your husband does not want to take an offer from the state. Then you your finance has to get a attorney, he goes to trial, you testify honestly that he was trying to control you, not choke you. He has a right to defend himself. If you are a good witness and do not get angry and are telling the truth and do not stumble on your words, then the State looks silly, but they could charge you with battery if you admit to attacking your fiance. I don't know what the state would do if you actually admitted to attacking him. It almost never happens. I suppose if you believe that you were wrong and you truly want to be honest and love your fiance, then that is what you will tell them. Maybe they will believe you and maybe they think you are protecting your fiance. It is a game of chicken. But if you are steadfast and go to trial and take the blame, they might just drop the case right in the middle of the trial and the defense attorney would ask for a acquittal (dismissal) against your fiance. In short, one of you will have to stick your neck out and it will test your relationship.

www.mrmisdemeanor.com "In your corner."

Read more
Answered on 5/15/10, 6:45 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida