I nearly missed this the other day, it hasn’t gotten much coverage in the national media, but David Boston pled guilty to charges of aggravated battery. Boston was allegedly drinking in his home, when he punched a woman and inflicted injuries requiring 10 stitches. He is apparently slated to be sentenced on December 7, 2012.
First of all, reports that he is facing up to 35 months in prison are incorrect. Aggravated battery is a second degree felony in Florida, and any conviction for it can subject the defendant to up to 15 years in prison. There is a lesser charge, known as felony battery, which is the more likely charge, as no weapon was used, is a third degree felony, subjecting the defendant to up to 3 ears (36 months) in prison. It’s possible that his criminal punishment code scoresheet scores hm out to 35 months, but that would generally be a minimum sentence that binds the judge at sentencing. There are a few exceptions that could allow the judge to go below the scoresheet minimum. It may be a negotiated plea, which would be grounds for going below, known as a downward departure. Perhaps both sides have already agreed to the 35 months, meaning he knows what to expect at the upcoming sentencing. There aren’t enough details available: it seems everything else out there just cites the AP story.
Boston made the news a few years ago for a DUI arrest in Tampa. There was a compelling video of his arrest online for a while, but it appears TBO has taken it down. Reports indicate that charge was reduced to reckless driving. #davidboston
UPDATE: According to the Palm Beach Clerk’s web page, he was charged with Aggravated Battery, and under the provision that does not involve a weapon. Not additional details were up on the Clerk’s site yet.