2021 Felony Battery (St. Lucie County)

Facts: Our client was accused of hitting his daughter and shoving her mother when she intervened. The state attorney’s office charged our client with a felony based on a prior battery from 1996. Due to our client’s most recent prison release he could have qualified for increased penalties.

Results: We reviewed all of the discovery and took multiple depositions. But, most importantly, we reviewed the documents from this prior battery and came to the conclusion that we did not think the state had the proper documents to prove the prior battery existed beyond a reasonable doubt. After much back and forth and diligent research the state agreed and our client’s charges were reduced to misdemeanor battery and he was sentenced to the time he had served in the county jail.