Attorney seeks motion to reduce Chad Johnson's jail term

A friendly pat on the backside of his attorney does not warrant ex-NFL star Chad Johnson having to serve a 30-day jail sentence, that same attorney said Tuesday while making a motion to reduce or vacate Johnson's jail term.

In Miami, attorney Adam Swickle made the request in front of Broward County (Fla.) Circuit Court Judge Kathleen McHugh, who imposed the sentence on Johnson after he and his attorneys reached a plea deal Monday on a probation violation stemming from his no-contest plea to battery on his ex-wife, Evelyn Lozada.

Johnson, 35, had playfully patted Swickle on the backside prior to McHugh agreeing to the deal. When several members of the court audience laughed at Johnson's action, McHugh refused to approve the plea bargain and sent Johnson to jail for violating a prior probation.

Formerly known as Chad Ochocinco (the last name indicative of the number 85 he wore on his football jersey), the six-time Pro Bowler was remanded to custody immediately.

In his new motion, Swickle attempted to tell McHugh that the backside pat was nothing more than Johnson expressing thanks to his attorney for his work on the case.

"Mr. Johnson has been a professional football player in the National Football League for 11 years and patting another individual on the backside is viewed as a sign of respect and gratitude," he said in the motion. "It is clear that the court misinterpreted Mr. Johnson's interaction with his attorney."

Swickle added that the courtroom laughter was "not Mr. Johnson's fault and he should not be punished for the actions of third parties."

A hearing on Swickle's motion is set for Monday.

Johnson hopes to have the plea deal approved then, as well. It calls for 25 hours of community service and to attend counseling sessions twice-weekly during his probation period, which has been extended until December.