Being accused of battery against a pregnant woman can feel like the world is against you. But with The Law Place by your side, you’re not alone. You have a team of seasoned Sarasota Aggravated Battery Lawyers fighting tooth and nail for your rights. If you or a loved one finds themselves facing such allegations, don’t delay. Reach out to The Law Place for a free consultation and let us be your beacon in these challenging times.
The Serious Nature of Florida Charges of Aggravated Battery On A Pregnant Woman
Under Florida Statutes, Section 784.045(1)(b), no person is allowed to intentionally touch, strike, or inflict any type of bodily harm on a pregnant female. Most often charges of Aggravated Battery on a Pregnant Woman result from some type of domestic relationship—parents who have a child together, a dating relationship between partners, whether opposite sex or same sex, or a husband and wife.
While a Florida charge of “simple” battery is a first-degree misdemeanor, Aggravated Battery on a Pregnant Female is a second-degree felony charge. The prosecutor in your case must prove the following:
- You intentionally touched or struck the pregnant woman against her will, or
- You intentionally caused bodily harm to the pregnant woman, and
- The woman was pregnant at the time, and
- You knew she was pregnant, or should have known
False Accusations of Aggravated Battery on a Woman Expecting a Child
While this Florida law has very good intentions, in some cases those who had only an incidental interaction with the expectant mother may find themselves charged with this very serious crime. If a pregnant woman claims you had inappropriate contact with her—even if neither mother nor baby was injured—charges could be filed against you. Unfortunately, in some instances, these allegations occur when a couple is in the middle of a contentious divorce or a child custody dispute as a method of gaining an advantage. False allegations of such a serious crime can destroy the life of the accused.
Penalties Associated with a Conviction for Aggravated Battery on a Pregnant Woman
Because the state of Florida does not define “bodily harm,” the term can be very subjective, allowing the prosecutor wide latitude in charging. The potential penalties for a conviction of Aggravated Battery on a Pregnant Woman include the following:
- Up to fifteen years in Florida state prison
- Up to fifteen years of probation and
- A maximum fine of $10,000
In addition, even after you have served your time and paid your fines, you will suffer further consequences of a criminal conviction, including:
- The removal of your right to own a firearm
- The removal of your right to run for public office
- The removal of your right to vote
- Difficulty finding employment
- Difficulty renting a home
- Difficulty obtaining a governmental student loan, and
- Difficulty obtaining a professional license
Defenses to Aggravated Battery on a Pregnant Woman
While the defense crafted by your Sarasota criminal defense lawyer will depend on the facts surrounding your charges as well as your prior criminal history, a few of the defenses which could be applicable in your case include the following:
- You had consent to touch the pregnant woman
- There is a lack of intent on your part
- You were unaware the woman was pregnant, or
- You were acting in self-defense
Why Choose The Law Place If Accused of Battery Against a Pregnant Woman
Being accused of battery against a pregnant woman is a grave and sensitive allegation. The repercussions of such a charge, both legally and socially, can be immense. In these turbulent times, you need a guiding hand, a protector of your rights, and a formidable representative in the court. Here’s why The Law Place is the optimal choice for you:
- Dedicated Team: The Law Place has a dedicated team that are committed to providing the best possible representation to our cleints. Our attorneys understand the intricacies and nuances of the law surrounding battery against a pregnant woman.
- Robust Defense Strategy: We believe every individual is entitled to a fair defense. Our lawyers meticulously study each case, examining evidence, scrutinizing witness testimonies, and often re-investigating the incident to build a solid defense strategy.
- Compassionate Counsel: Beyond legal representation, our team offers empathetic counsel. We recognize the emotional turmoil such allegations can create and provide emotional and legal support throughout the process.
- Years of Experience: Our seasoned lawyers have represented countless clients in similar situations. With our combined 75 years of experience, we’ve encountered myriad scenarios and know how to navigate the legal labyrinth effectively.
- Transparent Communication: Our commitment extends beyond the courtroom. We maintain regular communication with our clients, updating them about every development and ensuring they’re always in the loop.
- Aggressive Representation: In the courtroom, our attorneys are unyielding. We challenge every piece of evidence, question every testimony, and make every argument count. Our goal is to ensure your rights are protected, and justice is served.
- Ethical Approach: We operate under the highest ethical standards. Our priority is to ensure you receive a fair trial, and every decision we make is in your best interest.
Sarasota pregnant woman battery lawyer FAQ
What constitutes battery on a pregnant woman in Sarasota?
Battery on a pregnant woman in Sarasota occurs when an individual intentionally strikes a pregnant woman, knowing she is pregnant, leading to unwarranted physical contact.
How does a regular battery charge differ from a battery charge involving a pregnant woman?
While a regular battery often constitutes misdemeanor battery, battery on a pregnant woman is considered more severe due to the potential risks to both the woman and the unborn child. It is classified as a second degree felony punishable by stricter penalties.
Is aggravated assault the same as battery on a pregnant woman?
No. Aggravated assault typically involves a threat with a deadly weapon, or the intent to commit a felony, without necessarily involving physical contact. Battery on a pregnant woman, however, involves actual physical contact.
What are the potential consequences if convicted of battery on a pregnant woman?
This offense is treated as a second degree felony punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine.
Can a battery on a pregnant woman be considered domestic battery?
Yes, if the alleged victim is a family or household member, the charge can also be classified as domestic battery.
What if the battery on the pregnant woman involved a deadly weapon?
The involvement of a deadly weapon can escalate the charges. Causing great bodily harm, permanent disability, or using a deadly weapon can elevate the charge to a first-degree felony in some cases.
Are there defenses available against a battery sarasota assault charge involving a pregnant woman?
Yes. Some defenses include self-defense, disproving the alleged victim’s pregnancy, lack of knowledge about the pregnancy, or challenging the intent behind the act.
How severe is a third degree felony charge compared to other felonies in Sarasota?
A third degree felony is one step below a second degree felony punishable. While a third degree felony can result in up to 5 years in prison, a second degree felony can lead to up to 15 years.
What if the battery only causes minor injuries? Is it still treated as a felony?
Yes. Battery on a pregnant woman, even without causing great bodily harm, is still treated as a felony due to the potential risks to the unborn child.
What are the potential consequences for a misdemeanor battery charge?
Misdemeanor battery in Sarasota can result in penalties including up to one year in county jail, probation, fines, community service, and mandatory counseling.
Does the perspective of the alleged victim play a role in the case proceedings?
Yes. The statements and perspective of the alleged victim can be vital in both the prosecution’s case and the defense’s strategy. However, even if the alleged victim does not wish to press charges, the state can still pursue the case.
Call The Law Place for Experienced Criminal Attorneys
If you have been charged with Aggravated Battery on a Pregnant Woman, it is imperative that you are proactive in dealing with these Aggravated Battery charges. You could spend a considerable amount of time in prison if convicted, and your entire future could be forever altered. The criminal attorneys at The Law Place will thoroughly evaluate the facts of your case, then determine the best way to proceed for the best possible outcome.