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Could things get any worse for Ochocinco? Chad Johnson‘s misdemeanor domestic violence charge could be upgraded to a felony, resulting in jail time for the star.  

PHOTOS: Evelyn Lozada Lounges On The Beach After Filing For Divorce

Since the NFL baller has a previous domestic charge on his record, Florida Law gives the state the power to upgrade his offense. 

DETAILS: Warren Sapp Blames Evelyn For Being Headbutted

A Florida attorney reveals:

“Florida law indeed gives that power to prosecutors,” said Fort Lauderdale attorney Paul Molle. Molle isn’t representing Johnson but specializes in domestic violence cases. “Whether the previous incident happened in California or Florida, it doesn’t make a difference. I’ve seen it done with other suspects.”

Back in 2000, Chad pleaded no contest for slapping his girlfriend. Ochocinco was given community service and had no other incidents for 12 years, before allegedly headbutting his wife Evelyn Lozada a few weeks ago. 

According to Gossip Extra, Roy Ishoy, a spokesperson for the case said, “Our office does not disclose our filing options with the media before charges are filed.”

Let’s hope Chad can escape this incident without landing in jail.

SOURCE: Gossip Extra