D
daveinflorida
Guest
What is the name of your state? Florida
My wife was arrested for Domestic battery against her mother and sister.
She went to her mom's house to drop off some stuff after a significant disagreement. When she arrived, her mother engaged her in a "battle of words".
Then, her mother made an outrageous claim saying something to the effect that money was sent for a specific purpose, but my wife spent it.
Well, my wife wanted to call the person who had allegedly sent this money. Of course no money was sent and her mom tried to pry the phone from my wife as she was attempting to call.
Then my wife's sister came in an tried to get the phone away from my wife and "got in her face", goading her into slapping her. My wife then slapped her sister, her mom charged her and backed her against the wall, then my wife slapped her across the nose.
They are trying to say that she used the phone to hit her but my wife denies it, and there are no marks other than scratches on my mother-in-laws face.
As it turns out, her sister, who really didn't want her to go to jail in the first place said that their mom had been drinking all day, although she denied it to the police.
Further, both the mother and the sister have signed waivers not to pursue anything themselves.
The problem is that in Florida they have a "no drop" law. In other words, the victim can't simply drop charges.
Since the state is going to prosecute this, and they are going to claim she used a phone to hit her mother, what would be the likely sentence?
Bear in mind that it was not classified as aggrevated battery , just simple somestic battery.
By the way, the prosecutor has yet to get a statement form my wife.
My wife was arrested for Domestic battery against her mother and sister.
She went to her mom's house to drop off some stuff after a significant disagreement. When she arrived, her mother engaged her in a "battle of words".
Then, her mother made an outrageous claim saying something to the effect that money was sent for a specific purpose, but my wife spent it.
Well, my wife wanted to call the person who had allegedly sent this money. Of course no money was sent and her mom tried to pry the phone from my wife as she was attempting to call.
Then my wife's sister came in an tried to get the phone away from my wife and "got in her face", goading her into slapping her. My wife then slapped her sister, her mom charged her and backed her against the wall, then my wife slapped her across the nose.
They are trying to say that she used the phone to hit her but my wife denies it, and there are no marks other than scratches on my mother-in-laws face.
As it turns out, her sister, who really didn't want her to go to jail in the first place said that their mom had been drinking all day, although she denied it to the police.
Further, both the mother and the sister have signed waivers not to pursue anything themselves.
The problem is that in Florida they have a "no drop" law. In other words, the victim can't simply drop charges.
Since the state is going to prosecute this, and they are going to claim she used a phone to hit her mother, what would be the likely sentence?
Bear in mind that it was not classified as aggrevated battery , just simple somestic battery.
By the way, the prosecutor has yet to get a statement form my wife.