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A guy assaulted my wife, but was charged incorrectly. Is there anything I can do?

1 Answers. Asked on Mar 07th, 2017 on Criminal Law - Florida
More details to this question:
My wife was assaulted by a guy last weekend. She was pushed against the hood of her car, and then while in the car, he was punching her legs and stole her purse. He was arrested that night but was seemingly charged incorrectly. Here are his listed charges. 810.02-3D BURG 2OCC CONVEYANCE UNARMED 812.014-3A PETIT THEFT 1ST OFFENSE 784.03-1A1 BATTERY; TOUCH OR STRIKE I'm wondering how to get the 810.02-3D changed to 810.02-3A because he was striking her while he was forced his way into her car. We have a lot of photos documenting her bruises every day since the incident.
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Answered on Mar 10th, 2017 at 8:35 AM

Initial charges are filed by law enforcement officers who respond to the incident.  They, subsequently, write reports about the incident that are sent to the State Attorney's Office in the area where the offense occurred.  The reports are reviewed by Assistant State Attorneys who make the final decision of whether to keep the charges the same as those charged by law enforcement -- or whether to change the charges.  The Assistant State Attorney, after reviewing the reports, could decide to leave the charge the same -- or change the charge to something else.  Also, the Assistant State Attorney, based on his/her review, could add to the charges, drop some charges, or even drop a case.  The Assistance State Attorney will then file what is called an "Information" -- that shows what charges it has decided to proceed with.  So, if you have additional information (not to be confused with the state's pleading that is an "Information"), you can provide that information to the State Attorney's Office -- and the Assistant State Attorney reviewing the case for charging purposes, will, most likely, consider the additional information in deciding how to proceed.     

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