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1st time misdemeanor battery

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A

a.leon

Junior Member
my state is florida

other day was driving and almost got hit by woman who cut me off on freeway going 70 mph, nearly lost control and was very scared as i had been involved in same type of accident few months earlier where my car was totaled and other guy took off never to be found. as we got off exit i was very shaken so i got out of my car and started yelling at her, she didn't care so i slapped her. she called the cops, but she's not pressing charges. when i spoke with cops i told them exactly what happened and now i have notice to appear for misdemeanor battery. what should i plead? guilty or no contest! can i ask for mercy and have it reduced to an infraction or something not so serious? what should i expect as punishment? i am in school right now so that i can get a better job in the future. will this affect my chances of getting one? i have never been in the police eye before and terrified about what will happen to me and my 2 young children. i'm usually a nice girl and i know that i did something wrong, but i was scared because i almost lost control of my car at 70 mph. please help!
 
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S

seniorjudge

Senior Member
a.leon said:
my state is florida

other day was driving and almost got hit by woman who cut me off on freeway going 70 mph, nearly lost control and was very scared as i had been involved in same type of accident few months earlier where my car was totaled and other guy took off never to be found. as we got off exit i was very shaken so i got out of my car and started yelling at her, she didn't care so i slapped her. she called the cops, but she's not pressing charges. when i spoke with cops i told them exactly what happened and now i have notice to appear for misdemeanor battery. what should i plead? guilty or no contest! can i ask for mercy and have it reduced to an infraction or something not so serious? what should i expect as punishment? i am studying to be an elementary school teacher. will this affect my chances of becoming one? i have never been in the police eye before and terrified about what will happen to me and my 2 young children. i know that i did something wrong, but i was scared. help!
Click to expand...

Q: will this affect my chances of becoming one?

A: Let's hope so; you certainly don't belong in a classroom.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

********forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

********newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
F

fairisfair

Senior Member
--------------------------------------------------------------------------------


Classification of Crimes

Florida has two criminal classifications: felony and misdemeanor. A felony is generally defined as any crime punishable by death or more than one year in prison. A misdemeanor is any crime punishable by imprisonment for less than one year. Florida also has a classification known as a noncriminal violation, which is an offense punishable by fine, forfeiture or civil remedy. Felonies and misdemeanors are further divided into different degrees. The following list shows the maximum imprisonment and fines for felonies and misdemeanors.
*Capital Felony: death or life imprisonment with no parole
*Life Felony: 40 years to life; $15,000
*Felony in the First Degree: 30 years; $10,000
*Felony in the Second Degree: 15 years; $10,000
*Felony in the Third Degree: 5 years; $5,000
*Misdemeanor in the First Degree: 1 year; $1,000
*Misdemeanor in the Second Degree: 60 days; $500

By the way, your freeway slapping is a misdemeanor in the first degree.
 
A

a.leon

Junior Member
fairisfair said:
--------------------------------------------------------------------------------


Classification of Crimes

Florida has two criminal classifications: felony and misdemeanor. A felony is generally defined as any crime punishable by death or more than one year in prison. A misdemeanor is any crime punishable by imprisonment for less than one year. Florida also has a classification known as a noncriminal violation, which is an offense punishable by fine, forfeiture or civil remedy. Felonies and misdemeanors are further divided into different degrees. The following list shows the maximum imprisonment and fines for felonies and misdemeanors.
*Capital Felony: death or life imprisonment with no parole
*Life Felony: 40 years to life; $15,000
*Felony in the First Degree: 30 years; $10,000
*Felony in the Second Degree: 15 years; $10,000
*Felony in the Third Degree: 5 years; $5,000
*Misdemeanor in the First Degree: 1 year; $1,000
*Misdemeanor in the Second Degree: 60 days; $500

By the way, your freeway slapping is a misdemeanor in the first degree.
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Thank-you for the information!
 
A

a.leon

Junior Member
seniorjudge said:
Q: will this affect my chances of becoming one?

A: Let's hope so; you certainly don't belong in a classroom.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

********forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

********newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
Click to expand...
since this is my first offense is there a possibility the court would offer me counseling so that it won't go on my record? i'm not usually a violent person, i've just been trying to handle a great deal of stress and lost my head for a moment. i am a single mom of 2 kids, trying to go to school full time and work full time at a hotel that is closing in april which will consequently leave me unemployed unless i can find a job right away which is not easy where i live. not only that, i also had oral surgery a few days prior to the incident and as i said before, i had just been a victim of a hit and run accident a few months earlier and still suffering some sort of post traumatic effects where i fear for my safety when people are driving recklessly around me. i understand that what i did was not the appropriate course of action to take and i will certainly not let my stress get the best of me in the future, so i would hope that this situation could be remedied in a way that would not affect my future or the future of my children.
 
I

ILGrandma

Junior Member
Poor Control

You obviously exercised extremely poor judgment and/or emotional control. Had I been the person you slapped, rest assured I would have insisted on pressing charges against you. Having said that, as others have already stated, you do not belong in a classroom as a teacher. You do however belong in one as a student under the course heading of Anger Control Management. While you may have been under a great deal of emotional stress, and as much as you are recovering emotionally from a recent accident; do you not think that being an elementary teacher will also be filled with emotional and stressful issues DAILY, unlike your random ones of late?

No one likes to hear that they have issues that need addressed, myself included. But try really hard to go back and read your original post as someone from the outside looking in, be objective. Your main worry seems to concentrate on your future being jeopardized if convicted of this charge. Your main worry should be your coping mechanisms, or lack thereof.

We all make mistakes. Sadly for many, that first one sometimes is a doozy and can last a lifetime. Consider continuing your education, please, but maybe give serious thought to a different career. Even the most serious offenders or serial killers all had "the first time". What is to say without addressing your issues professionally that there won't be a next time for you when the going gets tough? Small children should not be your target should that ever happen again.

Good luck to you on all levels!!!
 
J

jennifercecelia

Junior Member
Fyi

The woman did not say that she wanted to be a teacher; she said that she wanted to get a better job, and that she, at that time, was attending school. It is not necessary to be in a classroom to learn, aside from for laboratory skills; an option is online classes. I find online/virtual classes to be quite convenient and to involve less gasoline and mileage or wear-and-tear on one's vehicle.
 
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J

jennifercecelia

Junior Member
also

I am not sure but sometimes a court case and a fee charge can be involved.

Jacksonville, Florida will allow an alternative to jail imprisonment, which, among other components, consists of the following:


Safer Families classes (might actually be officially called something else, however), which occur once or twice or more times a week (depending on how quickly you want to complete the program, and how quickly they will allow you to complete it, also depending on one's progress) for fee which might be near to the amount of 500 dollars monthly, if taking one class a week- maybe less money- I am not sure.

Probation Officer visitation- this can last a year or so, if he/she see's his/her probation officer once a month (If I am not mistaken, this might be the requirement).



If all completed successfully, one might also be able to get this offense expunged or sealed. This depends on the type of offense, the degree to which it is committed, and the age of the offender. If you a minor, it might not be expunged until you have lived with it until adulthood- but I am not certain whatsoever on this matter. All things aside- How good is that? I am so happy for this ability.


How do I know these things?

One: Internet search via google, and because I know what might happen to someone who is filed under MISD 1st degree domestic battery, statute 784.03, and I am pretty sure that I am referring to a 1a1 or 1a2. Even without time in jail, just an hour and approx. 20 minutes to log the information at the station, for example. This type of offense can involve probation.


It sounds as though this woman's offense- I am guessing that maybe this situation might be similar to hers. I hope that my information helps anyone in need of such information.
 
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ShyCat

ShyCat

Senior Member
jennifercecelia, why are you responding to a thread that is over THREE years old?! Please do not necropost.
 
J

justsomecop

Junior Member
In your situation, pleading no contest is the same as pleading guilty. In most states it does not matter if the victim does not want to press charges. The state is the one that brings the charges against you which they have already done. My best advice would be to retain an attorney so that he can deal with the prosecutor to plead you to something else. Just remember if you plead guilty to it they will put it on your record and that can hurt your chances of getting a great job especially when they do background checks. Good luck to you.
 
I

Isis1

Senior Member
justsomecop said:
In your situation, pleading no contest is the same as pleading guilty. In most states it does not matter if the victim does not want to press charges. The state is the one that brings the charges against you which they have already done. My best advice would be to retain an attorney so that he can deal with the prosecutor to plead you to something else. Just remember if you plead guilty to it they will put it on your record and that can hurt your chances of getting a great job especially when they do background checks. Good luck to you.
Click to expand...


01-30-2006, 01:33 PM
a.leon
Junior Member Join Date: Jan 2006
Posts: 4

1st time misdemeanor battery

dead post!!! come on officer!!! ;)
 
J

jennifercecelia

Junior Member
ShyCat said:
jennifercecelia, why are you responding to a thread that is over THREE years old?! Please do not necropost.
Click to expand...
Because I could not find posts that could help/relate to me! I felt bad for the thread leader. I wanted to give my input, even if it ends up being time-invalid. Others might find this page helpful, if they find it through google search. Sorry, I will post a new thread or something next time.
 
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A

Adalaide78

Member
Wait wait wait... you FOLLOWED someone who cut you off then slapped her? Why didn't you end up with road rage charges too?

"i've just been trying to handle a great deal of stress and lost my head for a moment"

Well then you certainly do not ever belong in a classroom. If you are the kind of person who will lose your head when you are under stress what makes you think being in a room with 25 young children for several hours a day is a good idea? Change majors.
 
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