Episode 1: How Am I Charged with Felony Battery? I Just Pushed Him…

Alas! You are toddler free and on vacation on Clearwater Beach with your husband. It’s Sunday Funday and you haven’t gone day drinking in years! You’re 4 rum runners in and have the best idea…bikini contest! I mean, why not? 40 never looked so good! The DJ calls your name as the next contestant and just as you begin to show off your moves, you see your husband b-lining it through the crowd yelling at you to get down. He comes on stage and you push him away – no way is he going to keep you from bringing home the W! Unbeknownst to you, someone in the crowd called 911 and said they witnessed a battery. Soon you find yourself in handcuffs and sitting in the Pinellas County Jail. You look down at your paperwork and the charge says Felony Battery. What gives?! You just pushed him. How is this a felony? Well, remember that misdemeanor battery conviction from college? It has come back to haunt you…

Under Florida Statute 784.03(2), if you have a prior conviction OR withhold of adjudication for a battery, this enhances the second battery arrest to a third-degree felony (regardless if there is physical injury). It is very important to hire an experienced attorney to guide you through the legal process when faced with a battery charge.

About the author : deVlaming & Rivellini P.A.