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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27705
Experience:  Active member of the NYS bar since 1989
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JA: Thanks. Can you give me any more details

Customer Question

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JA: Thanks. Can you give me any more details about your issue?
Customer: Charge Number: 1Case Number: 14004660CF10AStatute: CAP-FELDescription: CAPIAS - FELCharge Comment: SEX BATTERY GREAT FORCE NOT USEDCharge Status: PENDING TRIALBond Type: NBBond Amount: 0.00Disposition: Projected Sent. End Date*: Charge Number: 2Case Number: 14004660CF10AStatute: CAP-FELDescription: CAPIAS - FELCharge Comment: SEX BATTERY GREAT FORCE NOT USEDCharge Status: PENDING TRIALBond Type: NBBond Amount: 0.00Disposition:
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Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
Hello, What is your question with regard to this defendant? Please reply here on this question thread.
Customer: replied 1 year ago.
Is it possible to get off on probation on these charges?
Expert:  Zoey, JD replied 1 year ago.
What was the US state where this defendant was charged?
Customer: replied 1 year ago.
Also, what's the most serious penalty (this is in Florida) one can expect to receive as a 1st time offender?
Expert:  Zoey, JD replied 1 year ago.
Thank you. Let me look up Florida's law to find out the penalty for this offense.
Expert:  Zoey, JD replied 1 year ago.
The seriousness of this offense depends on the age of the victim. You can see the statute here and there are links to the penalty range for the various levels. I can't give you an answer about probation though until I"m sure what I'm dealing with. Please give me the age of the defendant and the complainant.
Customer: replied 1 year ago.
Defendant is 43 and the plaintiff is 49
Customer: replied 1 year ago.
Sorry -complainant is 49
Expert:  Zoey, JD replied 1 year ago.
Thank you. Both are adults, so this is not a statutory rape. This would be considered a violent offense in that the state is alleging it occurred against the will of the complainant and probation would not be available unless the prosecutor was willing to reduce the charge to a lower level offense. As great force was not used, this would be a felony of the second degree in Florida. A felony of the second degree has a maximum possible penalty of 15 years of prison.