Tampa Bay Criminal Defense Lawyer Blog
In what police are calling an odd domestic violence case, a Collier County woman is facing aggravated battery charges after police say she stabbed her boyfriend. The reason? Because he allegedly “farted” in her face!
According to the Collier County Sheriff’s Office, 37-year-old Deborah Ann Burns was at home watching television with her boyfriend. Without warning, her boyfriend walked by her and supposedly “passed gas in her face”.
Deborah Burns became angry and confronted her boyfriend who told her to “shut up”. The suspect responded by grabbing an eight-inch knife and throwing it at her elderly boyfriend, slicing his stomach. The gassy man was treated at the scene by medical personnel.
It didn’t take long for the police to gather evidence and arrest the defendant for the aggravated battery. Ms. Burns was arrested and bond was set at $50,000. Ms. Burns is no stranger to the justice system as a background search revealed that she is a convicted felon and has spent time in prison for multiple charges including battery on a law enforcement officer and aggravated assault.
LEGAL ANALYSIS
An aggravated battery with a deadly weapon, Florida Statute 784.045 is a second degree felony with a maximum punishment of 15 years in prison. An aggravated battery can be one of two things. A person who commits a battery using a deadly weapon OR a person who commits a battery who intentionally caused permanent disability/disfigurement or great bodily harm can both be found guilty of that charge.
In this particular case it does not sound like the man was seriously injured. However, if the defendant’s kitchen knife can be considered a deadly weapon then she can still be convicted of this offense.
Finally, as is often the case in domestic violence cases, the victim may change his mind and no longer wants to press charges. Contrary to popular belief, just because the victim doesn’t want to press charges that does NOT mean the state will stop prosecuting the defendant. In reality, a victim in a domestic violence case is treated as a witness by the state attorney’s office. That is because the state attorney views the state of Florida as the victim and can still prosecute the defendant regardless of the wishes of the “victim”.
Have you or a loved one been arrested for a domestic violence charge or an aggravated battery? Then call the Pinellas violent crimes defense lawyers of Blake & Dorsten, P.A. today!
These former prosecutors handle all criminal cases and car accident cases throughout the Gulf Coast of Florida including Pinellas county, Pasco county, Hillsborough, Citrus, Polk, Manatee and Sarasota county.
To speak directly to your Saint Petersburg domestic violence defense attorney, click on the contact button or call (727)286-6141. Blake & Dorsten, P.A…when your case matters!