Tampa Criminal Lawyer Blog
Jennie Scott, 50, of Manatee County was arrested after allegedly beating her 32 year old boyfriend after a sexual encounter didn’t go the way she had hoped. After an unsuccessful effort on the part of Scott’s boyfriend Jilberto Deleon to perform joint oral sex to her satisfaction, it is claimed Scott became enraged and proceeded to hit and scratch Deleon coupling the physical abuse with threats of further beating by way of a wrench and stick. It’s reported that Deleon finished his business a bit prematurely for the drunken Scott’s liking, causing him to quit his dutiful efforts and leaving Scott unfulfilled.
Scott was arrested on December 27th by Manatee County authorities and booked initially on charges of domestic battery. She subsequently was taken back into custody after violating at least one of the conditions of her pretrial release where she remains without a bond. Depending on the circumstances surrounding the threat of a beating with a wrench, simple domestic battery could be an afterthought for Scott. Should the State have enough, they could make a case for third degree felony aggravated assault with a deadly weapon.
The Manatee County State Attorney’s Office will very likely at minimum pick up the domestic battery charge against Scott. In Florida, simple domestic battery is a first degree misdemeanor with the maximum penalty being 11 months, 29 days in jail in addition to a $1,000 fine. To make their proof, the State will have to show that there has been a battery under Florida Statute 784.03 defined as a striking of another person against their will or that an individual has caused another individual harm and such battery was between two family members or two household members per Florida Statute 741.28(2).
From a practical standpoint, domestic battery cases are some of the most difficult cases for the State to prove if for no other reason but because of the characters involved. In my experience about 75% of the time (maybe higher) the alleged victim declines to cooperate and expresses a desire for the State to drop the case. If this happens, the State can move forward regardless of the victim’s wishes but it makes it extremely difficult to convict when your best witness won’t play ball.
In the event Scott had a wrench in her hand the State could charge her with aggravated assault with a deadly weapon under Florida Statute 784.021. Defined, an aggravated assault with a deadly weapon is simply an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent all while having a deadly weapon in your possession. More than likely aggravated assault won’t be charged if there was no arrest for the same. If the police didn’t feel probable cause existed for an aggravated assault arrest, it is unlikely the State Attorney will believe he can prove that charge beyond a reasonable doubt. As a Tampa criminal attorney I’ve successfully argued in the past that if a charge is added when there was no arrest for that specific charge, the State is overreaching.
Despite the interesting and odd factual scenario involved in her case, Scott will very likely enter a plea to a time served offer. She’s currently incarcerated with no bond for violating her pretrial release conditions. She’ll be back before the court in late January and by then I predict she’ll have enough time in jail to plea to time served and will be back with her lover soon enough.
If you’ve been charged with a crime in the Tampa area, contact the Tampa criminal lawyers at The Mayberry Law Firm today at 813-444-7435 or at 727-771-3847.