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I slapped my roommate today and i was taken by the police i…

Customer Question
Hi i slapped my...

Hi i slapped my roommate today and i was taken by the police i bailed for 500 dollars it was misdemeanour if he presses charges what will i get

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Florida daytona beach and it happened today

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Will this affect my flight career im a flight student

Submitted: 7 months ago.Category: Criminal Law
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Answered in 29 minutes by:
10/2/2017
Criminal Lawyer: RobertJDFL, Lawyer replied 7 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,809
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Criminal Lawyer: RobertJDFL, Lawyer replied 7 months ago

Good evening,

This would be considered a " simple battery" under Florida law. The crime of Simple Battery or Misdemeanor Battery is defined under Section 784.03, Florida Statutes. In Florida, the term battery means:

  1. Any actual and intentional touching or striking of another person against that person’s will (non-consensual), or
  2. The intentional causing of bodily harm to another person.

Where there are no aggravating factors or enhancements at play (such as use of a weapon, serious bodily injury, or domestic violence) the offense is known as “simple battery” or “misdemeanor battery.”

Simple or misdemeanor battery is classified as a first degree misdemeanor in Florida. Thus, the penalties can include up to a year in jail, or a probationary sentence not to exceed one year. If this is a first offense for you, it is unlikely if you are convicted that you would do any jail time unless you went to trial and lost. Instead, probation is much more likely, which can include things like anger management, community service, and a fine.

Lastly, it is not up to your roommate or not whether to file charges. Only the state attorney's office can decide that -whether your roommate wants you charged or not. They will make that decision based on the weight of the evidence and whether they feel they can obtain a conviction or not.

I would definitely talk to a criminal lawyer before your court date about this (many, if not most, will offer a free consultation with no obligation). You may very well have a defense to the charge --for example, if you were in a physical altercation when this happened, you can argue mutual combat as a defense. Even if you don't have a defense, a lawyer can help negotiate the lowest possible penalties and best possible outcome.

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Criminal Lawyer: RobertJDFL, Lawyer replied 7 months ago

If you require any additional information or clarification, please REPLY WITHOUT RATING and I'm happy to help you further. Otherwise, kindly remember to click on the stars at the top of the page to leave me a positive rating as experts are only compensated for our time and efforts once you do so. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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