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When Collier Circuit Judge Fred Hardt heard a plea deal last week that would have resulted in his withholding an adjudication of guilt for a first-degree felony — a break-in with an assault — he halted the attorneys, saying the law prohibited it.

Hardt then read them the law, which says withholding an adjudication of guilt — essentially erasing a felony conviction after all sentencing conditions are met — wasn’t allowed for a first-degree felony, life or capital cases.

But it was allowed for a second-degree felony if a state attorney requests in writing that the adjudication be withheld or if a judge makes written findings showing it’s reasonably justified based on certain factors.

That forced the prosecutor and defense attorney to renegotiate their plea agreement. But in the end, 44-year-old Caston Douglas Christian III got an even better plea bargain — to a second-degree felony, with the same sentence: probation.

Instead of pleading no contest to first-degree burglary with assault involving his ex-girlfriend, Christian, of 3330 Hibiscus Ave., East Naples, pleaded to second-degree burglary of an occupied dwelling. A sexual battery charge was dropped.

“I’ve discussed this with the victim,” Assistant State Attorney Steve Maresca told Hardt. “She’s anxious to move on with her life.”

And defense attorney Donald Day said they uncovered a new witness since Christian was arrested on March 15, 2006, the victim’s boyfriend at the time: “That helped us come to a resolution in this case.”

Due to the sexual nature of the case, the 39-year-old victim’s name isn’t being published.

The plea bargain was reached the day Christian was to go on trial and jurors were waiting upstairs when the attorneys reached an agreement. Christian, who was dressed in a suit for trial stood at the defense table as his family, who wept at times, sat in court.

Collier County Sheriff’s Office reports give the following account:

Christian’s ex-girlfriend called 911 to say that Christian broke into her home while she was home alone, sitting under a blanket on her couch the morning of March 15, 2006.

She repeatedly asked how he got in, but he walked over and pulled the covers off her. As she repeatedly said “no,” he forced himself on her, performing oral sex. Then he stood up and was taking his clothes off, when she warned him she was going to call another man whose relationship was not detailed in the report.

Christian lunged at the cell phone, which was on a table, grabbing it, twisting and breaking it before throwing it on the floor, where he dripped blood after injuring himself. Then he left.

She told deputies that a week earlier, she’d pleaded with him to leave her alone and they got into a physical altercation and he threw her to the ground, causing a head injury. Her new boyfriend told deputies Christian repeatedly called to challenge him to a fight, but he didn’t fear him because Christian was always drunk when he called.

In court last week, Hardt agreed to the plea agreement after noting Christian had no prior felony convictions. Hardt then imposed the agreed-upon sentence: four years of probation, which can be terminated early if Christian complies with all conditions. He is barred from contacting his ex-girlfriend, must undergo a substance-abuse evaluation within 30 days and follow all recommendations. And because it’s a burglary conviction, he must submit his DNA for a statewide database.

Hardt warned Christian he can’t drink alcohol in excess and that if he violated any conditions, he’d face 15 years in state prison, the maximum for the charge.

“It doesn’t take much to violate probation,” Hardt cautioned. “It could be as simple as testing positive for drugs.”

Hardt ordered him to report to probation that day. Afterward, Maresca called it a fair resolution for the domestic violence case, adding, “The victim wanted to move on with her life.”