Just saw this on Mark Eiglarsh's blog...
Quote:
Now, here's my take. First, the biggest problem for Zimmerman is the pregnancy thing. If the alleged victim really is pregnant and there's sufficient evidence to prove that he knew it at the time he alleged struck her, then he will be charged with Aggravated Battery, pursuant to Florida Statute 784.045. Because that crime is a second degree felony, he could face up to fifteen years in prison.
If she either wasn't pregnant and/or Zimmerman didn't know it at the time, he still could face domestic violence battery charges, subjecting him to up to a year in jail. Either charge he faces will be brought by a prosecutor, who I anticipate to be extremely aggressive and zealous. Most prosecutors who handle domestic violence cases that I encounter in court on a daily basis, fit that description. Most of them believe that every domestic violent defendant could be the next O.J. Simpson, ready to escalate the violence and prepared to commit the ultimate crime at any moment.
Even if his alleged girlfriend wants the charges dropped, she will learn that she has no control over that decision. It's not her call. This case, like his murder case, will be titled, "State of Florida vs. George Zimmerman" and not "Zimmerman's Girlfriend vs. George Zimmerman." That means that the alleged victim is considered by prosecutors to be a mere witness in this case. She will play a significant role in assisting prosecutors decide the appropriate plea bargain to extend, if any. However, whether this case goes any further, isn't her call. Short of claiming that she lied to law enforcement, I expect this prosecution to continue.
What is uncertain at this time is whether he committed any offense at all. Zimmerman deserves the presumption of innocence in a court of law and will only suffer any adverse consequences if sufficient evidence exists to prove him guilty. He has learned that all too well.
http://www.floridacriminaldefenselawyer ... ed_fo.html