Skip to main content

My boyfriend blacked my eye while i was pregnant he has a battery misdemeanor and he turned himself in after a warrant was

Tampa, FL |

issued because he didn't show up to court. What is the chance he gets no jail time this is his 1st battery charge. He had drug charges in 08

+ Read More

Attorney answers 6

Posted

He needs an experienced criminal defense attorney. Ultimately, what he gets depends heavily on you. Are you cooperating in the prosecution? Are you not cooperating in the prosecution? Are you seeking jail? Are you asking that he receive counseling?

John S. Riordan, Esq.
West Palm Beach, FL
(561) 650-8291

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Asker

Posted

Ok I like you because you just asked all my questions. No I am not seeking Jail time, No I am not cooperating with prosecution. I want to go to court and ask the judge to not prosecute. I do want counseling but we can do that on our own if he will be held up with legal ties. Can you please answer back. Wish you were here. Just give me a little advice where to start what to do because it is NO to all your questions

John Skyler Riordan

John Skyler Riordan

Posted

LOL. I will call you to discuss.

Posted

There are multiple factors that will determine whether or not the State asks for jail. These would include: Your position on prosecution as the victim, the seriousness of the injury, the County the offense occurred in. Typically, battery in a pregnant woman is a felony so I'm surprised he is only charged with a misd.

Asker

Posted

Yes that was after I told the state I didn't want to prosecute. It was aggravated Battery and now it is misd. battery. Can you elaborate on my position on prosecution. I will/am going to court when I get notified (I should right) and ask that the judge not prosecute

Ajay Pallegar

Ajay Pallegar

Posted

The judge does not make the decision regarding prosecution it's the State Attorney that brings the charges. Please call me at 813.466.3420 to discuss his situation further.

Posted

A typical lawyer response. It depends. You need to consult with an attorney in that area that routinely handles criminal cases and knows how the local courts generally handle these cases.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Posted

When the State looks to prove up a Battery against a pregnant woman, there is a requirement that the defendant was aware (or should have known) the victim was pregnant. Perhaps that played a role in the charging decision. At any rate, he needs to obtain a competent lawyer ASAP as his current misdemeanor charge may be a blessing OR it may be a signal the State's case is so bad they are willing to bluff a misdemeanor to try and get something out of what they perceive is a bad situation. In either case, again, he MUST have someone look at this case to determine the best path of action. Good Luck.

Posted

As a former prosecutor, I can tell you that each case and each defendant are considered individually. There is no formula to be used. This case can be upgraded to a felony. More importantly, you should know that Florida has a victim's bill of rights. You should talk to the State attorney's office and ask to speak to the victim advocate. If you do not understand your rights as a victim, you are entitled to be represented as a victim.

<p><a href="http://LongwellLawyers.com" target="_blank">Longwell Lawyers</a><br /> <a href="http://LongwellLawyers.com" target="_blank">Orlando Criminal Defense Attorneys</a><br /> <a href="http://LongwellLawyers.com" target="_blank">Orlando Family Law Attorneys</a></p>

Posted

Why are you asking?

This is not intended as legal advice.

Asker

Posted

Because I want to know! I do not want jail time for him. We were going through counseling. So I was curious of what was the least and what was the most punishment he could receive.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer