Aggravated Battery on a Pregnant Woman

Have you ever gotten into a dispute with your significant other or ex-partner that got physical? If she was pregnant at the time, you might face charges for Aggravated Battery on a Pregnant Woman. Such charges mostly arise against males and are placed by their current or ex-partner.

What is Aggravated Battery on a Pregnant Person?

The crime of Aggravated Battery on a Pregnant Person is specifically described in Florida Statute 784.045 as “the intentional and unlawful touching of a person known to be pregnant against their will.”

A few examples of scenarios that could result in Aggravated Battery on a Pregnant Person include:

  • Grabbing a pregnant woman by the arm
  • Tripping a pregnant woman
  • Running into a pregnant woman as you walk by
  • Pushing a pregnant woman down the stairs
  • Holding a pregnant woman against the wall

Notice that none of these scenarios outline injuries. That’s because Aggravated Battery on a Pregnant Person is a special criminal offense that doesn’t require a lot of physical evidence. Unlike typical aggravated battery charges, the accused does not have to inflict physical injury on the person to be charged. A person laying hands in an aggravated manner on a pregnant woman is all that’s required to press charges. 

Regardless of if you were ever romantically involved with the woman, you may be charged with aggravated battery against a pregnant woman if the prosecution can prove the following:

  • You intentionally struck or touched a woman while she was pregnant against her will; or
  • You intentionally inflicted bodily harm to a pregnant woman
  • The woman was pregnant at the time of the incident; and
  • You knew or should’ve known that she was pregnant at the time

If you’re facing criminal charges for battery on a pregnant woman, it is crucial that you acquire legal representation. Don’t assume that you can work it out with the alleged victim just because you two have a history. Speak with an Orlando criminal defense lawyer at The Umansky Law Firm to discuss your legal options. 

Penalties for Aggravated Battery on a Pregnant Woman in Florida

Aggravated battery on a pregnant woman is a second-degree felony in Florida, warranting severe criminal penalties. The following penalties may result from a conviction:

  • Up to 15 years in prison
  • Up to 15 years of probation
  • Up to $10,000 in fines

It’s important to understand that a person who is convicted of this crime can be given no less than 21 months in prison for their offense. Of course, the exact penalties a person faces depend on the circumstances of the charges. The best course of action for a person who has been arrested for Aggravated Battery on a Pregnant Person is to seek the guidance and knowledge of a trustworthy, local attorney.

Successful Defense Strategies for Aggravated Battery on a Pregnant Woman

Attorneys who are experienced with criminal defense cases will have a thorough knowledge of defense strategies for Aggravated Battery charges. When searching for a law team to represent you and your case, it’s imperative to ask questions about the best defense strategies and how they will create one that works for you.

The most common and viable defense strategies for Aggravated Battery on a Pregnant Person include:

 

  • No knowledge of pregnancy: If the offender did not know the person was pregnant or had no reason to know the person was pregnant, they cannot be charged with this offense. 
  • Self-Defense: Any time a person feels threatened, self-defense is a common reaction and a viable defense strategy.
  • Stand Your Ground: According to Stand Your Ground, any time a person feels threatened they have the right to defend themselves or others – even to the point of using lethal force. 
  • Consent: If the pregnant person consents to the type of physical contact, then the alleged offender cannot be charged with a crime.

 

The sooner you consult a trusted attorney about your case the better. If you’re able to create a viable defense strategy early on, you may be able to mitigate the charges you face before a court appearance.

Top Criminal Defense Attorneys in Orlando

Don’t let your life be defined by a single mistake. Contact the attorneys at The Umansky Law Firm today. With more than 100 years of experience, our team of former prosecutors provides a unique point of view with every case. They are knowledgeable in defense strategies for criminal defense cases and more. 

Talk to a real attorney now. Call 407-228-3838 or contact us online to set up your free consultation.