Legal Question in Criminal Law in Florida

These questions need to be addressed to your lawyer.

If you go to trial, the jury could convict you of misdemeanor battery, which is the only automatic lesser included offense. Of course, that may not be a likely result if the cop was in uniform because, in order to convict you of battery, they'd have to find that the victim wasn't a cop. That would be a strange result, but I've seen stranger. Obviously, if you get convicted of a misdemeanor, you can't be felony "habitualized." If the state does change the charge to a misdemeanor, or to any other charge, the judge may give your lawyer more time to prepare, but it isn't likely.