What happens when an individual gets arrested for 784.03-1a1 Battery DOMV. Never been in trouble before with law (except traffic infractions). What are the punishments, what is process. what happens next. do they need an attorney?
State/Country relating to question: Florida
Brand new arrest. Released on own recognizance since never been in trouble before. What can be expected? Need attorney? Court date is on Sep 7, 2010. Violation of 784.03-1a1, Battery DOMV.
This is a misdemeanor charge. It's punishable by up to 1 year in jail, but if the victim wasn't injured, jail time is unlikely. A conviction for a first offense would generally result in probation, including community service, an anger management class, and fees and costs. They may also be forbidden from having contact with the victim while on probation.An attorney is always a good idea in these situations, since a) an attorney can determine if there are any defenses to the alleged act and b) an attorney can negotiate with the assistant state attorney for best outcome.The first court date is an arraignment of the charges. Assuming the defendant hasn't obtained an attorney by this point (who can enter a not guilty plea for him and waive his appearance), he would have to show up and hear the charges and then enter a plea of guilty or not guilty. As a general rule, it is always better to plead not guilty so that a person can obtain a lawyer and have time to negotiate with the prosecutor. If a person pleads not guilty, a court date for the pre-trial hearing will be set. If they don't yet have an attorney and cannot afford one, they will be offered the opportunity to request the public defender's office to represent them.
What is considered "injury" for instance is a bruise considered an injury or are we talking like broken bones?
A bruise is minor -broken bones, strangulation marks, etc., would be serious injury. The fact that the person was released on their own recognizance makes me think this was a minor incident, too -otherwise a bond would have been required.
Experienced in multiple areas of the law.
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