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
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.
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.
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.
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.
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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