Every criminal defense attorney runs into this issue at one time or another--an alleged victim to a domestic violence battery that decides to "not" press charges. Now, we all know that it's not really the alleged victim's decision to press charges--the State of Florida that decides whether or not to file a criminal law suit against a defendant. However, some prosecutors, in their zeal to bolster conviction stats, may attempt to prosecute a battery case without a victim. What, you say? Am I speaking of prosecutors in China, or the good old U.S. of A? Sorry to say, I'm talking about Orlando, Sanford, Kissimmee, all over the State of Florida prosecutors are attempting to convict citizens without a victim in the courtroom. Can it be done? Let's see.
The case is Holborough v. State of Florida, 103 So.3d 221 (Fla. 4th DCA 2012). Holborough was convicted at trial of felony battery. Felony battery in this case was simply a misdemeanor battery with one prior conviction for misdemeanor battery. In Orlando, we call this "Battery - Prior Conviction", but it's the same idea statewide. Anyway, Holborough was seen by a police officer "straddling a woman who was face down and covering her face...repeatedly hitting the woman." Id. at 222. Holborough was initially arrested for domestic violence battery, but it was later upgraded to a felony charge once the prosecutors found a prior misdemeanor battery conviction.
News flash: some prosecutors just love when they have an "independent witness" to a battery charge. Why? Because typically, their alleged victims fail to appear for trial on domestic violence cases, so having an independent witness gives the prosecution a false sense of security that, maybe, they'll be able to prove the case without a victim. Not so fast. Watch how this plays out.
Every criminal defense attorney runs into this issue at one time or another--an alleged victim to a domestic violence battery that decides to "not" press charges. Now, we all know that it's not really the alleged victim's decision to press charges--the State of Florida that decides whether or not to file a criminal law suit against a defendant. However, some prosecutors, in their zeal to bolster conviction stats, may attempt to prosecute a battery case without a victim. What, you say? Am I speaking of prosecutors in China, or the good old U.S. of A? Sorry to say, I'm talking about Orlando, Sanford, Kissimmee, all over the State of Florida prosecutors are attempting to convict citizens without a victim in the courtroom. Can it be done? Let's see.
The case is Holborough v. State of Florida, 103 So.3d 221 (Fla. 4th DCA 2012). Holborough was convicted at trial of felony battery. Felony battery in this case was simply a misdemeanor battery with one prior conviction for misdemeanor battery. In Orlando, we call this "Battery - Prior Conviction", but it's the same idea statewide. Anyway, Holborough was seen by a police officer "straddling a woman who was face down and covering her face...repeatedly hitting the woman." Id. at 222. Holborough was initially arrested for domestic violence battery, but it was later upgraded to a felony charge once the prosecutors found a prior misdemeanor battery conviction.
News flash: some prosecutors just love when they have an "independent witness" to a battery charge. Why? Because typically, their alleged victims fail to appear for trial on domestic violence cases, so having an independent witness gives the prosecution a false sense of security that, maybe, they'll be able to prove the case without a victim. Not so fast. Watch how this plays out.