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

Asked over 2 years ago - 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

Attorney answers (6)

  1. John Skyler Riordan

    Contributor Level 17

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    Answered . 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... more
  2. Elmer Sanchez

    Contributor Level 12

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    Answered . 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.

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  3. Ajay Pallegar

    Contributor Level 6

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    Answered . 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.

  4. Jason M. Melton

    Pro

    Contributor Level 13

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    Answered . 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.

  5. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

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    Answered . 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... more
  6. Paul Domenic Petruzzi

    Pro

    Contributor Level 11

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    Lawyer agrees

    Answered . Why are you asking?

    This is not intended as legal advice.

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