Monday, October 13, 2014

Battery / Aggravated Battery / Battery on a Pregnant Woman / Probation / Probation Violation / VOP / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:   On probation for battery and resisting arrest, violated by picking up a felony battery on a pregnant woman, about how much time?  My ex was on probation and violated with a similar but worse charge, trying to find out min and max he may have to serve.


Michael Adam Haber


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Answered Battery on a pregnant woman is an aggravated battery (784.045(1)(b)), a 2nd degree felony, which is punishable by up to 15 years in state prison. It is a most serious violent personal crime (a level 7 offense in FL) and scores mandatory prison time (precisely how much depends upon many factors which need to be "scored" and which include - but which are not limited to - the level of victim injury, the fact that he was on probation at the time and his prior record).

In addition, as a consequence of his new arrest he can expect a VOP, which will subject him to sentencing for whatever amount of time that he originally faced on his substantive charges (for which he was placed on probation) minus any time that he has already served on those charges.

You should note that if he is found guilty then the sentences (for the new case and for the VOP) can be ordered to be run either concurrently (at the same time) or consecutively (one after the other).

The bottom line is that you ex is in a bad bad bad legal situation and most likely needs some serious help. If he can afford to do so then he should get an experienced Cantonment area criminal defense lawyer on his case asap. Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search either Avvo or the Florida Association of Criminal Defense Lawyers website by locality (please see - and click on the "Find A Lawyer" tab).

Either way best of luck!
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For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

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