That is not true. As you know nothing of the psychology involved in abusive relationships, you should perhaps refrain from posting to DV threads. I also suggest you go to www.websters.com and look up the meaning of the word "troll".
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Assault & Battery Domestic Violence and PRR
- Thread Starter Jacquelineb1982
- Start date
- Status
cbg
Super Moderator
Additionally, an internet troll does not mean someone with poor mental health. It means someone who is deliberately stirring up trouble. If you'd like to find one, I suggest you look in the mirror.
No one "bullied" you. You were corrected when you posted wrong information and called the original poster a troll...which, per the definition of the word, she is not.
If you don't wish to be a member...just stop posting.
Red Kayak
Well-Known Member
Somehow I can't imagine you as one of the big bad boys in blue, out to get wigditty.
Really? I look good in blue...brings out the color of my eyes.
For @wigditty : I am neither a police officer or out to gettcha.
mightymoose
Moderator
Regarding this original question, I'd suggest the answer is no.
By "upgrade his charge" it seems you mean that an otherwise lesser misdemeanor offense is being handled as a felony due to a prior conviction of domestic violence. This is something that could be reduced again depending on circumstances. That the original matter was 14 years ago and there was apparently no injury beyond a scratch on a finger are reasons to expect the felony could be dropped. The felony could be used as a tool to obtain a plea to a lesser charge.
As for the PRR it appears to me it would not apply. One of the things that triggers the PRR is a violent offense against any individual, but the circumstances you describe do not rise to that level of violence.
With the limited information provided I would expect a plea offer to a misdemeanor. Your boyfriend needs to consult with legal counsel to determine his best course of action. If he accepts a plea he will want it to be for something other than a DV offense. Perhaps a simple assault/battery.
Red Kayak
Well-Known Member
However, he only got out of prison a year ago.
There may be some omitted details in this picture.
mightymoose
Moderator
It appears Florida's reoffender statute only applies to specified felonies. In this case it sounds like the actual offense was a misdemeanor. That another statute allows it to be handled as a felony does not make it a felony offense for purposes of PRR. That is intended to address violent crimes and this doesn't seem to be that.
I would expect this to be whittled down in the plea agreement.
That said, this person appears on track to go back to prison pine way or another.
I would expect this to be whittled down in the plea agreement.
That said, this person appears on track to go back to prison pine way or another.
Perhaps we can all calm down and have a civil conversation?
I haven't seen any DA or criminal justice system want to promote an obvious dismissal, especially a case which would involve years of jail time (a felony) and cost to the state for a minor incident. What happens most often is that the entire story doesn't appear and perspective is usually added later when it must be revealed.
@Jacquelineb1982 - a battery charge requires a physical element. We didn't hear how you ended up with a "scratch" on your finger. Did you require or receive medical care? Was it an open would that was bleeding? More importantly, what was your boyfriend charged with doing to you which resulted in the charge? How did the police even get involved? Once thing that is alarming is a statement about not caring whether your boyfriend beat you. There are many questions here which point to not hearing the entire story, especially the relevant parts that fill in the blanks which would answer many questions. Personally I think you ought to seek counseling to speak to someone for perspective, which we cannot do here.
@wigditty - We try to provide a wide leeway for comments and sharing of opinions. On the topic I disagree with you that he will go back to prison, guaranteed. We don't know many facts nor do the facts point to any vested interest that any of the persons you mention would have to send this man to prison, at a substantial cost to the state.
Certainly you can state your opinions about the "justice system" but if they are stereotypes than it's of no value, which stereotypes usually are. We have a section here on domestic violence which actually speaks to some of the difficulties of how innocent men can be challenged by the manner in which the law can operate. But that doesn't mean any person in law enforcement or a court of law would, in any way, want to create a mountain of pain and cost when the harm appears to be non-existent. And it's manifestly clear that there is much more that we haven't discussed here and it's certainly best dealt with licensed professionals who can address the specific issues of which we are unaware and can only speculate, such as a public defender and a domestic violence counselor (even if just for going through the motions.)
I haven't seen any DA or criminal justice system want to promote an obvious dismissal, especially a case which would involve years of jail time (a felony) and cost to the state for a minor incident. What happens most often is that the entire story doesn't appear and perspective is usually added later when it must be revealed.
@Jacquelineb1982 - a battery charge requires a physical element. We didn't hear how you ended up with a "scratch" on your finger. Did you require or receive medical care? Was it an open would that was bleeding? More importantly, what was your boyfriend charged with doing to you which resulted in the charge? How did the police even get involved? Once thing that is alarming is a statement about not caring whether your boyfriend beat you. There are many questions here which point to not hearing the entire story, especially the relevant parts that fill in the blanks which would answer many questions. Personally I think you ought to seek counseling to speak to someone for perspective, which we cannot do here.
@wigditty - We try to provide a wide leeway for comments and sharing of opinions. On the topic I disagree with you that he will go back to prison, guaranteed. We don't know many facts nor do the facts point to any vested interest that any of the persons you mention would have to send this man to prison, at a substantial cost to the state.
Certainly you can state your opinions about the "justice system" but if they are stereotypes than it's of no value, which stereotypes usually are. We have a section here on domestic violence which actually speaks to some of the difficulties of how innocent men can be challenged by the manner in which the law can operate. But that doesn't mean any person in law enforcement or a court of law would, in any way, want to create a mountain of pain and cost when the harm appears to be non-existent. And it's manifestly clear that there is much more that we haven't discussed here and it's certainly best dealt with licensed professionals who can address the specific issues of which we are unaware and can only speculate, such as a public defender and a domestic violence counselor (even if just for going through the motions.)
@Michael Wechsler ...I read the ^ post as she "wouldn't care" if he got in trouble if he had been violent/hit her. Not that she wouldn't care if he hit her. I "think" that her post was just poorly expressed.
Rereading it, I believe you are probably correct regarding context. Still, it emphasizes the point that we have no idea what really went on here. And if there is a pattern that is understandable, it is that often victims of abuse will protect their abusers. Whether it is the case here - which we do NOT know - will still need to be probed by the relevant authorities since it would appear that an incident took place which involved the police. There are far too many missing pieces. I don't know how productive this discussion can continue to be, especially since those facts and details would likely need to be discussed with counsel.
Really? I look good in blue...brings out the color of my eyes.
For @wigditty : I am neither a police officer or out to gettcha.
Ok, so I was wrong, you are just another egotistical know it all. My bad. I gave you too much credit.
Sent from my iPad using Tapatalk
Hey! I'm not egotistical!!
But I really do know quite a bit about the psychological ramifications from being in a violent relationship...And I know quit a bit about what makes abusers tic. So I do know that what you posted here is your skewed perspective based in your own, presumably, unfortunate experience and not based on objective truth. I am sorry that I inadvertently ruffled your feathers by pointing out the error of your post. Have a nice night and sleep well.
Last edited:
I really don't like shutting down conversation threads and I think it's about that time because there is no useful conversation being generated.
- Status
Share this page
