A man accused of punching his pregnant girlfriend in the stomach now faces a more serious charge after the infant was stillborn.

On June 3, Michael Edward Mashone Bosworth, 23, of Bartlesville, was charged with assault and battery of a pregnant woman after his girlfriend, who was 5 months pregnant, told police that he assaulted her in a convenience store, pulling her by the hair and punching her in the stomach. A convenience store employee, noticing the assault, told Bosworth that surveillance cameras were recording the incident, but that did not stop him from hitting the woman in the stomach. 

After police arrived, the woman was transported by ambulance to a local hospital for observation of the unborn child; unfortunately, within a few days, the mother suffered a miscarriage and the child was stillborn.

With the baby's death, the charge against Bosworth was amended and his bond was increased. A Washington County District Court Judge dismissed a charge of assault and battery of a pregnant woman, on which Bosworth was held on $5,000 bond, in order for the more serious charge to be filed. Bosworth is now charged with a felony: domestic assault and battery of a pregnant woman resulting in the miscarriage of an unborn child. His bond is now set at $200,000, and he is ordered to have no contact with his victim.

Domestic abuse charges range in severity depending on certain circumstances of the domestic violence. In general, a first offense of domestic assault and battery is a misdemeanor; however, repeat offenses, the presence of children, serious bodily injury, the use of a weapon, or assault against a pregnant woman can all lead to enhanced charges or penalties.

For example, a first offense of domestic assault and battery without aggravating factors is a misdemeanor punishable by a maximum of one year in county jail and a fine of up to $5,000. Domestic assault and battery against a pregnant woman resulting in miscarriage, on the other hand, is a felony. It carries a minimum penalty of 20 years in prison.

State law describes the penalties for domestic abuse of a pregnant woman in 21 O.S. 644(E):

  • Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than one (1) year. 
  • Any person convicted of a second or subsequent offense of domestic abuse against a pregnant woman with knowledge of the pregnancy shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than ten (10) years. 
  • Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy and a miscarriage occurs or injury to the unborn child occurs shall be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not less than twenty (20) years.

Learn more about domestic violence laws in Oklahoma here.