The crime of Aggravated Battery on a Pregnant Woman is particularly serious, requiring the assistance of an experienced, knowledgeable Florida criminal defense attorney. The state of Florida, under the Statutes pertaining to Aggravated Battery on a Pregnant Woman, seeks to protect the vulnerable unborn child as well as the expectant mother.
Therefore, 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.
The Serious Nature of Florida Charges of Aggravated Battery On A Pregnant Woman
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
For a free legal consultation with a pregnant woman accidents lawyer serving Sarasota, call 941-444-4444
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.
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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
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Defenses to Aggravated Battery on a Pregnant Woman
While the defense crafted by your Florida criminal defense attorney 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
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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. Contact The Law Place today at 941-444-4444 for an experienced, knowledgeable criminal defense attorney who will be the advocate in your corner when you need one the very most.
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