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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 482
Experience:  Attorney and Counselor at Law
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My daughter violated probation on a felony charge of battery

Customer Question

My daughter violated probation on a felony charge of battery on a leo.This was her last month she loss her identification... But had a copy but the guard would not let her enter. She has 4 kids and pregnant with a 5th. What are her options is there anyway she can not sit in jail? I don't understand how it was a felony reading the report she hit a male officer on the shoulder. She 102 lbs.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 7 months ago.
Hello. I will help you with your questions. I am sorry you are going through all this. I have been an attorney for 26 years and I was a prosecutor for 9 years. Battery on a Law Enforcement Officer is a Felony in the 3rd Degree in Florida. Florida law is designed to protect law enforcement officers who get assaulted when trying to enforce laws. That is why the law makes it a more serious crime. Unfortunately, her physical size does not make a difference. If an officer gets hit when carrying out official duties, this is a felony battery. If convicted, your daughter faces the following sentence:Up to Five (5) years in prison.Up to Five (5) years of probation.Up to $5,000 in fines.It is important that your daughter contact an attorney. I would be concerned about video evidence in a case like this. If she was trying to enter a government building, there will be surveillance cameras catching the incident. This evidence will be used against your daughter.This will also be considered a violation of her probation.However, it is possible you can made a strong bail argument to support her release based upon the fact that she only has a month of her sentence left, she needs to care for her 4 children and her pregnancy. The bail argument should include the fact that the officer was not injured.Please let me know if I can help with more of your questions. If you are satisfied with my help, please rate my service.

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