Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Criminal Law

State v. C; Judge: Robert A. Foster; Date: May 24, 2007

FACTS: The defendant was charged with Aggravated Battery (great bodily harm)(deadly weapon). The State filed the charge as a first degree felony. Initially, the client was looking at close to five years in Florida State Prison according to the criminal punishment code scoresheet. Under the Criminal Punishment Code, unless the defense convinces the State Attorney or the Court to apply a mitigator, the defendant must be sentenced, upon conviction, to the time described on the scoresheet. Our client was a patron at the Dallas Bull Bar on highway 301. After exchanging words with the victim, the defendant approached the victim, and struck her in the face with a beer bottle. The bottle knocked out several of the victim's front teeth and broke her nose. The victim's medical bills totaled close to $13,000.00.

DEFENSE: The defendant had no criminal history, and after much negotiation, we persuaded the State to go below the Criminal Punishment Code Guidelines and give the defendant a withhold of adjudication and probation.

RESULT: The client received no jail time or conviction on her record.