Felony Charge Reduced to Misdemeanor for Police Officer

Florida Criminal Defense Attorney, David J. Joffe represented an individual who had previously been employed as a police officer who had been charged with aggravated assault with a deadly weapon. After he and his young son were repeatedly verbally accosted by a stranger in the parking lot of pharmacy and again in the store, they were physically confronted in the parking lot as they were leaving. The off duty officer repeatedly told the man to stop his aggressive advance, then pulled out a police baton and struck the man twice. The off-duty police officer was arrested and charged with aggravated assault with a deadly weapon.

Through depositions and pretrial motions to dismiss and by aggressively pushing this case to trial, the prosecuting attorney's office capitulated and reduce the serious felony charge down to a misdemeanor battery charge. Our client walked out of court the date of trial, having entered a no contest plea to a misdemeanor charge of simple battery, received a with hold of adjudication and minimal court costs and went home.


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