Legal Question in Criminal Law in New York

Domestic violence resulting in miscarriage

I have a friend who is 2 months pregnant and got into an altercation with her boyfriend. My friend was choked and then pushed down a flight of stairs. Since the incident, she has suffered from cramping and bleeding. She went to the hospital and apparently the baby's heart rate has dropped below its normal rate at this stage. So far the doctors have said its too early to determine whether or not damages have been made to the baby, but my friends cervix was injured in the altercation and basically the way her cervix heals determines if the baby will survive or not. So if my friend loses the baby due to this incident, what charges can be filed against her ex-bf?


Asked on 6/10/05, 11:25 am

2 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Domestic violence resulting in miscarriage

yes, and charges should have already been filed for the assault.

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Answered on 6/10/05, 12:34 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Domestic violence resulting in miscarriage

My prayers for her full recovery with no miscarriage.

Your friend has a right to file a complaint for her own injuries. If the baby dies, then it may be manslaughter or murder under 'reckless endangerment'. That is a decision for the district attorney.

It is positive that the boyfriend is now the 'ex'. Be her friend: help her report the beatings.

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Answered on 6/15/05, 8:21 am


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