unclemark1973
Junior Member
What is the name of your state (only U.S. law)? Florida
My daughter was arrested 8/22/2010 and charged with a simple battery and resisting an officer without violence to his person. After hearing different accounts of what happened, everyone is telling me my daughter was defending herself against this other young woman. The woman came into my daughters home and was hitting and pushing on my daughter. My daughter began fighting her back to, naturally, defend herself. The young woman proceeds to pick up a vase to throw at my daughter and in the process falls with the vase to the floor injuring herself. She, the other woman, ended up with a cut on the side of her face which required some 158 stitches to close up the open wound. My initial thought is that this case is open and shut, self-defense clear the calendar everybody let's go home. Not so, when we went to court this past Friday, her public defender told my ex and I that her charges were being upgraded to a felony battery; wtf. I wasn't there and didn't see any of the events as they took place, but as a parent you don't want to see your child get the shaft for defending themselves. Besides, I do believe that Florida has a Stand Your Ground Law that allows us to protect ourselves against those who would do us harm. My question is, what can I expect now that these charges are being upgraded from a misdemeanor to a felony? My daughter is now looking at up to 5 years in prison. Secondly, she doesn't have a criminal record, is a first time offender, isn't there some leniency offered to first time offenders? And finally, I really don't have the money to hire an expensive attorney and we are just letting the public defenders office handle the case. My attorney who I have used in the past want's 1500 dollars and I can get it from my retirement account, however, I don't have all the facts involved with this case, I have a gut feeling something is being left out. Should I wait and see what evidence they have against my daughter and go from there or should I just give up $1500 that I really can't afford. I have other kids to support and take care of as well. I am confused as hell and don't know what to do. My apologies for the long post but man I need help. Thanks everyone.What is the name of your state (only U.S. law)?
My daughter was arrested 8/22/2010 and charged with a simple battery and resisting an officer without violence to his person. After hearing different accounts of what happened, everyone is telling me my daughter was defending herself against this other young woman. The woman came into my daughters home and was hitting and pushing on my daughter. My daughter began fighting her back to, naturally, defend herself. The young woman proceeds to pick up a vase to throw at my daughter and in the process falls with the vase to the floor injuring herself. She, the other woman, ended up with a cut on the side of her face which required some 158 stitches to close up the open wound. My initial thought is that this case is open and shut, self-defense clear the calendar everybody let's go home. Not so, when we went to court this past Friday, her public defender told my ex and I that her charges were being upgraded to a felony battery; wtf. I wasn't there and didn't see any of the events as they took place, but as a parent you don't want to see your child get the shaft for defending themselves. Besides, I do believe that Florida has a Stand Your Ground Law that allows us to protect ourselves against those who would do us harm. My question is, what can I expect now that these charges are being upgraded from a misdemeanor to a felony? My daughter is now looking at up to 5 years in prison. Secondly, she doesn't have a criminal record, is a first time offender, isn't there some leniency offered to first time offenders? And finally, I really don't have the money to hire an expensive attorney and we are just letting the public defenders office handle the case. My attorney who I have used in the past want's 1500 dollars and I can get it from my retirement account, however, I don't have all the facts involved with this case, I have a gut feeling something is being left out. Should I wait and see what evidence they have against my daughter and go from there or should I just give up $1500 that I really can't afford. I have other kids to support and take care of as well. I am confused as hell and don't know what to do. My apologies for the long post but man I need help. Thanks everyone.What is the name of your state (only U.S. law)?
