Aggravated Battery on Pregnant Female
Under Florida Statute Section 784.045, the felony offense of aggravated battery on a pregnant female is a second degree felony punishable by fifteen years in Florida State prison. Under the statute the prosecutor does not have to prove that the defendant actually knew that the alleged victim was pregnant because the prosecutor can instead prove that the defendant "should have known" of the pregnancy which is a much lower standard.
The person arrested for the offense does not have to be a man. Even the alleged victim's mother, sister, or father can be arrested for this serious offense. In fact, the person accused does not even have to be related to the pregnant woman by blood or marriage. In many of these cases the alleged victim does not wish to prosecute. However, even if the alleged victim goes to the state attorney's office to file a "drop affadavit" the prosecutor may still file the formal charges.
In other cases, the alleged victim will file for a domestic violence or repeat violence protective order (restraining order for protection). Often, financial issues such as child support and spousal support play a role in fueling the prosecution. The attorneys at the Sammis Law Firm are experienced in representing clients charged with a wide range of battery and domestic violence charges.
Our represent individuals charged with this serious offense throughout the greater Tampa Bay area including Tampa and Plant City in Hillsborough County, St. Petersburg and Clearwater in Pinellas County, Brooksville in Hernando County, New Port Richey and Dade City in Pasco County, Bartow in Polk County, and Bradenton in Manatee County, Florida. Call 813-250-0500 to speak with an experienced and aggressive criminal defense attorney today.
Criminal Defense Attorney for Florida's Aggravated Battery on a Pregnant Female
After a felony arrest occurs for aggravated battery on a pregnant female, the court will often impose a no contact provision. Having an attorney for the first appearance in front of the judge after the arrest may result in the court setting a much lower bond or releasing the person accused on a signature bond without having to post any money with a bail bondsman.
After the arrest, the prosecutor with the State Attorney's Office will typically take 21 days to make a filing decision. Having an attorney as early in the process as possible is important because the criminal defense attorney can present exculpatory or mitigating evidence to the prosecutor that may result in no charges being filed, or in only misdemeanor charges being filed.
Jury Instructions for Florida's Aggravated Battery on a Pregnant Female
The jury instructions for the felony criminal offense of aggravated battery on a pregnant female provide that the prosecutor must prove the following elements beyond all reasonable doubt:
- The Defendant intentionally did one of the following acts:
- intentionally caused bodily harm to the victim; or
- stuck or touched the alleged victim against her will.
- At the time the battery occurred, the alleged victim was pregnant.
- At the time the battery occurred, the defendant knew or should have known that the alleged victim was pregnant.
Essentially, the jury instructions provide that this serious felony charge is simply a battery that is committed on a pregnant female. For this charge, the condition of the victim causes the charge to be more serious. This particular form of aggravated battery is unlike the standard aggravated battery charge with requires injury or use of a weapon.
After an arrest for any aggravated battery charge, including aggravated battery on a pregnant female, contact an experienced and aggressive criminal defense attorney who can begin your defense today. We represent individuals charged with this serious felony offense such as battery or aggravated battery throughout the greater Tampa Bay area including Hillsborough County, Hernando County, Polk County, Pasco County, Pinellas County and Manatee County, FL.
Whether your arrest occurred in Tampa, Plant City, Bartow, Brooksville, New Port Richey, St. Petersburg, Dade City, Clearwater or Bradenton, contact a criminal defense attorney to discuss your defense for the felony charges of aggravated battery on a pregnant women.