Aggravated Battery on a Pregnant Woman
Battery is a serious charge that carries heavy penalties. However, committing battery on a pregnant woman increases the legal consequences immensely. The difference in penalty is due to the vulnerable condition of the pregnant woman. The crime is elevated to aggravated battery and is nearly always charged as a felony, which means expensive fines and even time spent in prison.
If you or someone you know has been charged with aggravated battery on a pregnant woman, it’s imperative you contact an experienced attorney to assist you. An attorney can assess your case and develop an effective defense plan for you. Don’t wait another moment to protect your freedom and speak to a defense lawyer immediately.
Attorney for Aggravated Battery on a Pregnant Woman in Ft. Lauderdale, FL
Aggravated battery involving a pregnant woman is associated with harsh penalties and an incredibly negative social stigma. You may be required to spend time in jail and then once released have difficulties assimilating back into society. Many convicted violent felons have issues obtaining stable employment, housing and furthering their education.
We recommend you obtain legal representation from the team at Meltzer & Bell to protect your future. Our defense attorneys are equipped with the right knowledge and resources to represent your case. Call us now at (954) 765-6585 and we’ll set you up with your first consultation free.
Our offices can be found in Fort Lauderdale, but we practice throughout the Broward County area including Pembroke Pines, Hollywood, Coral Springs, and Miramar.
Overview of Aggravated Battery on a Pregnant Woman in FL
- Definitions of Battery & Aggravated Battery on a Pregnant Woman
- Penalties for Aggravated Battery on a Pregnant Woman in FL
- Possible Defenses for Aggravated Battery on a Pregnant Woman
- Additional Resources
Definitions of Battery & Aggravated Battery on a Pregnant Woman
If a person commits battery with certain aggravating factors, then the crime will be enhanced to aggravated battery. One of these factors that can elevate the charge is if the attack was directed towards a pregnant woman. To be charged with aggravated battery on a pregnant woman, you must fulfill these elements:
- You struck or touched the alleged victim against their will;
- By doing so, you intentionally caused bodily harm to the victim; and
- Throughout the duration of the crime, the victim was pregnant
In Florida, there are other aggravating factors that could cause the judge to implement a long or maximum prison sentence. These aggravating factors include:
- Using a deadly weapon during the commission of the crime; or
- Knowingly or intentionally causing permanent disfigurement, disability or great bodily harm to the alleged victim
Penalties for Aggravated Battery on a Pregnant Woman in Florida
A crime of simple battery is a first-degree misdemeanor, which is punishable by up to one year in jail and a fine of up to $1,000. Aggravated battery on a pregnant woman is given an extended maximum prison sentence and fine due to alleged victim defenseless state.
It’s charged as a second-degree felony and carries a prison sentence of up to 15 years in prison and a fine of up to $10,000. If a firearm is present during the crime, then the judge will be required to enact the 10-20-life rule. In Florida, if a firearm is present during a crime the judge must order a minimum prison sentence outlined by Florida Statute Sec. 775.087.
Depending on how the firearm is used, your prison sentence could be extended to:
- A minimum of 10 years in prison if the alleged offender was in possession of a firearm;
- A minimum of 20 years in prison if the firearm is discharged; and
- A minimum of 25 years in prison to life if another person is killed or injured by the firearm.
Possible Defenses to Aggravated Battery on a Pregnant Woman in FL
Although the penalties do look staggering, it doesn’t mean you can’t have your charges reduced or dismissed. With the help of a skilled defense attorney, they can formulate a sturdy defense to combat your charges.
A few defenses an experienced attorney can utilize for your case include:
- You were unaware the person was pregnant during the offense;
- Your actions were in defense of another person;
- You were acting in self-defense and the victim was the primary aggressor;
- You didn’t have any intent to touch the alleged victim in an offensive or violent manner
Pregnant Women’s Rights Must Be Fully Protected – Visit the official website for the National Review, a conservative magazine that publishes articles for the public. Access the site to read an article by Denise M. Burke, which goes over the Pregnant Woman’s Protection Act. Find statistics and data which demonstrates violence pregnant woman experience worldwide.
Florida’s Aggravated Battery Laws – Visit the official website for Online Sunshine, a collection of Florida state laws and legislation. Access the statutes to learn more about the penalties, admissible defenses and elements for battery and aggravated battery.
Defense Lawyer for Aggravated Battery in Broward County, FL
Have you been arrested for aggravated battery on a pregnant woman? If so, then it’s imperative you contact a seasoned criminal defense attorney. Fight back with the attorneys at Meltzer & Bell. Our criminal defense attorneys have years of experience and can fight for you.
Contact us now at (954) 765-6585 to learn more about our practice. We are ready to answer your questions 24 hours a day and 7 days a week. Meltzer & Bell accepts clients throughout the greater Broward County area including Fort Lauderdale, Pembroke Pines, and Coral Springs.
This article was last updated on September 4, 2019.