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Aggravated Battery upon a Pregnant Female

Florida Statutes § 784.045 sets out the crime of Aggravated Battery upon a Pregnant Victim. The policy considerations behind this statute recognized that pregnant women are particularly vulnerable to domestic violence and other forms of abuse. The statutory language is extremely broad requiring proof of only an offensive touching or one causing non-serious bodily harm. Many people are surprised to learn that this serious crime can be alleged even if the contact caused no injury to the woman or her unborn child. 

Although well intended, the statute often leads to absurd result when a pregnant female makes a false or exaggerated allegation that a touching was offensive. The allegations are particularly common when a pending divorce or child custody battle is anticipated. A variety of other reasons can exist for false allegations in these cases.

If you have been falsely accused of any form of aggravated battery including upon a pregnant female then contact an experienced criminal defense attorney at the Sammis Law Firm in Tampa, Hillsborough County, FL. We represent clients on a variety of violent crimes including false imprisonment, kidnapping and all forms of aggravated battery throughout the Tampa Bay area. Call today to talk directly with an attorney about the facts of your case and the steps you need to take today to protect yourself against this serious allegation. Call 813-250-0500.  


Elements of Aggravated Battery upon a Pregnant Woman

At trial, the prosecutor with the State Attorney's Office must prove the following elements beyond all reasonable doubt:     

1.    The defendant committed a battery on the alleged victim;

            a. the defendant either actually and intentionally touched or struck another person; or
            b. the touching was against the victim's will or intentionally caused bodily harm to another person;

2.    The victim was pregnant at the time of the battery; and
3.    The defendant knew or should have known that the victim was pregnant at the time the battery was committed.

Under Florida law, aggravated battery upon a pregnant woman is a specific-intent crime. The victim's pregnancy is an essential element of the offense. For this reason, the defendant's state of mind or knowledge of the victim's pregnancy is a crucial issue in the case. If you were arrested for this charge in Hillsborough County, then the offense is coded into the computer at the jail as BATT6000 AGGRAVATED BATTERY ON PREGNANT FEMALE.


Penalties and Punishments for Aggravated Battery on Pregnant Female

Aggravated battery on a pregnant felony is a second degree felony punishable by up to 15 years in prison. This form of aggravated battery is classified as a Level 7 offense under Florida's sentencing guidelines. A Level 7 offense requires adding 56 points on the score sheet if the offense is the primary offense. That means that even if you have no prior record and this is the only charge, this charge by itself means that you will score out to time in Florida State Prison.

If this charge is scored as an additional offense then it means 28 additional points on your score sheet. Other forms of aggravated battery include intentionally causing great bodily harm or disfigurement or while using a deadly weapon under Florida Statute Section 784.045(1)(a)1 or 2.



Additional Resources

Florida Statute Section 784.045 for Aggravated Battery - Read the internet site of the Florida Legislature to find the statutory language for Florida Statute 784.045 of Title XLVI for aggravated battery with a deadly weapon and aggravated battery on a pregnant female. Find information on the legislative history of the statute and the laws for related offenses.


Finding an Attorney in Tampa for Aggravated Battery on a Pregnant Female

If you have been arrested for any crime of violence, including aggravated battery on a pregnant female, or any charges for domestic violence, then contact an experienced criminal defense attorney in Tampa, FL. The attorneys at the Sammis Law Firm take an aggressive approach to represent clients on these and similar criminal charges.

Find out what you need to do today to protect yourself after a serious felony accusation is made against you. Call 813-250-0500.

This article was last updated by on Monday, June 8, 2015.

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