Aggravated Battery on a Pregnant Female Laws in Florida

According to § 784.045(1)(b), Fla. Stat., a person commits aggravated battery on a pregnant female when they commit aggravated battery on a person who is pregnant and knew or should have known the victim was pregnant.

Aggravated battery involves intentionally harming or knowingly causing great bodily harm, permanent disability, or permanent disfigurement. Additionally, if a person uses a deadly weapon in the crime, then it would be considered aggravated battery.

This Crime Requires Knowledge of Pregnancy

It’s important to note that the alleged offender must have known or should have known that the victim was pregnant. If they did not know the victim was pregnant, then they should not be convicted of aggravated battery on a pregnant female.

This Crime Requires Intent to Harm

This crime must be done intentionally. Thus, if a person accidentally harms a person who is pregnant with an unborn child, they should not be found guilty of aggravated battery on a pregnant female.

That harm may include touching, striking, or any other violent actions. The legal requirement is that the pregnant individual is touched in a way that causes harm and to which they did not consent.

Penalties for Aggravated Battery on a Pregnant Female

The penalties for aggravated battery on a pregnant woman are much harsher than those for most other aggravated battery convictions. They are similar to those penalties for using a deadly weapon in the act.

If you are convicted of aggravated battery on a pregnant female, you will face a second-degree felony, which is punishable by the following:

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

Additionally, Florida uses a scoresheet to establish sentencing guidelines for felonies. Crimes are categorized from level 1 (least severe) to 10 (most serious). Aggravated battery on a pregnant female is a level 7 offense. That means that even with no aggravating circumstances, you will face at least 21 months in prison for the crime unless there is a legal reason to depart from the sentence.

Collateral Consequences

You will also face many consequences that will impact your entire life, including:

  • Inability to vote while in prison
  • Inability to own a gun as a felon
  • Negative effect on child custody and divorce proceedings
  • Difficulty finding housing and a job
  • Impact on educational status and financial aid
  • Deportation or other immigration consequences

How an Aggravated Battery Lawyer Can Help Your Case

An aggravated battery on a female is a serious felony charge that will remain on your criminal record permanently. It’s important to work closely with a criminal defense attorney who can challenge every detail of your charges.

Getting Your Charges Dismissed

You may be able to get your charges dismissed if you can prove any of the following apply to your case:

  • You acted in self defense
  • You were defending someone else
  • You were defending your property
  • You didn’t have intent to harm
  • You didn’t know the alleged victim was pregnant
  • The alleged victim made a false accusation

If your charges cannot be dismissed, then your criminal defense attorney may be able to negotiate with the prosecutor and get you a better outcome, such as pleading guilty to lesser charges that would result in lower penalties. For example, you may be able to plead to assault charges instead of aggravated battery on a pregnant female.

Charged with Aggravated Battery on a Pregnant Female? Call Now

We know that aggravated battery on a pregnant female charges are often exaggerated or entirely made up. With a skilled aggravated battery lawyer at Mitkevicius Law, PLLC, you can stand up for what is right and expose the truth.

Lead attorney Josef Mitkevicius will use his 10+ years of legal experience to protect you throughout the process. Contact us at 850-361-2142 to schedule your free case consultation.