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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If I ask you a question, is it privileged? I see your not an

Customer Question

If I ask you a question, is it privileged? I see your not an attorney
JA: In what state did this occur?
Customer: FL
JA: Have you talked to a lawyer yet?
Customer: It's a question on behalf of a family member. Yes an attorney has been consulted
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.

Hi,

I'm Zoey.

I've reviewed your post. Justanswer is a public website and not a law firm all posts here are on the web. If you keep personal identifying information out of it, however, this could not be traceable to you. Your name would not appear here. If you're interested in going further, please post your question so that we can assist you.

Customer: replied 1 month ago.
A family member is currently engaged in a divorce in FL. Long story, it has been a mess. Her husband filed assault and battery charges against her for slapping him across the face. Can she be arrested and will she go to jail?
Expert:  Zoey_ JD replied 1 month ago.

Yes, she can be charged with a misdemeaor assault and battery if when the police get the report, they feel that they have probable cause for an arrest. Probable cause is just a reasonable belief that a crime may have been committed and your family member may have committed it. The words of a credible complainant can often provide the police with probable cause, but I cannot predict what they will feel after hearing from the husband. They may feel the matter belongs in family court since the couple is already before a judge.

As there were no serious injuries, she would likely not be put into custody, especially if she had no other criminal convictions. She would typically be able to fight the charges while at liberty. If she is convicted of these charges after trial, however, some jail would be possible. But in my experience, if she wanted to resolve this with some kind of a plea agreement, she'd be looking at nothing worse than probation and anger management.

I'm not suggesting she should jump at that. If charged, she should get a lawyer and see if he can resolve this for her in some way that she doesn't have to carry a misdemeanor on her record.

Expert:  Zoey_ JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.