QUESTION
how can i help get my husband out of a charge of aggravated battery on a pregnant woman?
Asked on Nov 04th, 2013 on Criminal Law - Florida
More details to this question:
My husband and i had gotten into a heated discussion. He wanted me to leave so we could get our son back that had been taken by the state of Florida for a felony conviction that my husband had received in NC. I am 7 months pregnant now and at the time was 5 1/2 months, i did not want to lose my husband and refused to leave. I kept coming at him trying to hold him because we were both crying and he would put his arms out to keep me away. In the midst of the madness, and i having nothing to eat or drink that day i took everything to heart and saw things bigger than they actually were. I called 911 and stupidly reported that he hit me when i was the one coming at him. The State Attorney will not drop charges and is trying to give my husband 15 years based on the fact he had a prior felony which he took a plea for and was never proven guilty. There were no msrks or bruises on me at all and i didnt file a report so how can he press this issue against my husband.
1 ANSWER
1 Award
If you were doing the attacking -- and your husband truly was defending himself -- and did not use more force against you than was reasonably necessary to ensure he was not attacked or injured, he has a defense. If this is what happened, you can let your husband's attorney know. You also need to make sure the state attorney's office (i.e., the assistant state attorney assigned to prosecute your husband) knows that actions by your husband were in self-defense (to keep you from attacking and/or hurting or injuring him in any way). You need to always tell the truth.
However, if you at some point lied to law enforcement or the state about what happened, it is possible that you could face some ramifications as a result of a lie or false report.
Also, under Florida law, it is not necessary for the Defendant to hurt, injure, or even bruise another person for a battery to occur. The mere intentional touching, if knowingly done against the other person's will, constitutes a battery in Florida. If the alleged victim is pregnant at the time, that can result in the incident being a felony -- i.e., aggravated battery.
Answered on Nov 07th, 2013 at 10:49 AM