Police responded to a domestic disturbance call involving a pregnant victim. Two brothers were amidst an altercation prior to the pregnant victim being attacked. One brother struck her stomach and grabbed her by the throat to choke her. Police saw marks on the pregnant victim’s neck and wrists. The Police arrested the Defendant and charged him with Battery on a Pregnant Victim. The hospital monitored the pregnant woman and her unborn child for any signs of trauma; fortunately, neither had incurred serious long-term injuries from the altercation.
Battery On A Pregnant Victim
Battery is defined as the intentional striking or touching of any individual without their consent.
Battery on a pregnant woman is a first-degree felony. Penalties include up to 15-years in prison, a 15-year probation term, and a maximum fine of $10,000. You will not be allowed to own a firearm after you have been convicted of this felony, nor will you be allowed to run for any public office. You will also lose your voting rights, and could potentially face difficulties in renting a house or apartment or finding a job. Additionally, it could be difficult to obtain financial aid or to be eligible for pursuing certain professional licenses.
In order to prove battery on a pregnant woman, the prosecution must:
- Show that the defendant struck or touched the pregnant woman against her will, or
- Caused bodily harm to the pregnant woman intentionally, and
- The woman was pregnant at the time of the battery, and
- The defendant knew or should have known the woman was pregnant
Anger Management Counseling
Anger management counseling was designed for individuals to better control their anger so that they are capable of making better choices make better choices when they are emotionally escalated. Individuals that are enrolled in anger management counseling will learn how to identify stressors so they can manage stressful situations in a more positive and emotionally mature way. A set of guidelines is provided for the individual so that they have clear guidelines to follow. They will learn how to better handle future situations, while also reflecting upon how they could have better managed past situations when their anger got the better of them.
Retaining the Services of Musca Law
Should you find yourself in the position of being charged with battery of a pregnant victim, you will require legal services. Musca Law Firm has successfully handled many battery cases. Our firm is able to put together a strong legal defense for your case. We will also aggressively negotiate with the prosecution to have your charges reduced or dropped. We serve the entire state of Florida and have offices in many cities for your convenience. Call us today for a free, no-obligation case consultation with one of our experienced attorneys!
RESULT: The Defense moved forward with setting depositions of the witnesses and the Client. The Attorney consulted with the Client and counseled the family on the severity of the incident. The family expressed concern about the Client receiving anger management counseling. The Defense negotiated with the State on counseling and persuaded the Prosecution to DROP the charges against the Client.