Former NFL wide receiver David Boston has been sentenced to 6 months in jail followed by 5 years probation.
Palm Beach County Circuit Court Judge Charles Burton sentenced the former NFL star after he pleaded openly to the Court on one count of aggravated battery. Boston is accused of punching a woman in the head, causing a laceration that required several stitches.
Aggravated battery can be proven if the accused causes serious bodily harm or permanent disfigurement to the alleged victim. The current state of the law typically supports the position that an injury requiring stitches can be construed as serious bodily harm or permanent disfigurement.
Had Boston proceeded to trial, he could have faced a maximum of 15 years in prison.
This sentence was below Boston's guidelines, which would have been 21 months in state prison up to 15 years.
Boston could have gone to trial but he and his attorney made a decision to plead openly to the Court. This is where the accused pleads guilty and asks the Court for a sentence. The judge will take into consideration mitigating factors in deciding what type of sentence to impose.
Pleading openly to the Court is a decision that should be made between the accused and the accused's attorney.
Eric Matheny is a criminal defense attorney serving Miami-Dade County.