Miami Aggravated Battery on a Pregnant Female Lawyer

Experienced Defense for Clients Accused of Aggravated Battery on a Pregnant Female in Florida

A pregnant woman is carrying a precious passenger inside her body. Florida law aims to protect the vulnerability of both the mother-to-be and the unborn child. If you are accused of aggravated battery on a pregnant female or fear that you may be arrested soon on such a charge, you should meet with an experienced criminal defense attorney as quickly as possible to discuss your dilemma.

Hubbs Law Firm defends people accused of domestic violence in Miami or Miami-Dade County, including Hialeah, Miami Gardens, Miami Beach, Coral Gables, South Miami, North Miami, Kendall, Homestead, and other cities and communities in the Greater Miami area.

E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar. Board certification is the highest level of evaluation and accreditation for lawyers conferred by the Florida Bar. Board certification is an assurance of competency and experience within an area of law, as well as professionalism and ethics in practice.

Despite its good intentions, this law casts a wide net and sometimes snares people who had incidental or benign contact with a pregnant woman. All it takes for a charge to be filed is a pregnant woman's complaint that she was touched inappropriately, even if she or the unborn child were not injured. The allegation is often made during divorce proceedings or child custody disputes as a tactic to gain a legal advantage, but the consequences of a false allegation can be severe.

Are you facing a charge for aggravated battery on a pregnant female in Florida? Call Hubbs Law, P.A. today at (305) 570-4802 or contact us online to schedule a meeting with our aggravated battery on a pregnant female attorney in Miami!

What Is Aggravated Battery on a Pregnant Female?

The intentional touching, striking, or infliction of any bodily harm on a pregnant female by someone who knew or should have known that the victim was pregnant is aggravated battery on a pregnant female under the Florida Statutes, § 784.045(1)(b). Most of these charges occur between people who are domestically related, such as a husband and wife, boyfriend and girlfriend, or parents with a child in common.

In Florida, simple battery occurs when someone intentionally touches or strikes someone against their will. It also occurs when a person causes great bodily harm to other people. Simple battery is a first-degree misdemeanor.

Elements of Florida’s Aggravated Battery on a Pregnant Woman

If a case of aggravated battery on a pregnant woman proceeds to trial, a prosecutor must prove that the defendant did the following beyond reasonable doubt:

• Committed battery by intentionally touching or striking the alleged victim against her will
• Committed battery by intentionally causing bodily harm to the alleged victim
• The victim was pregnant at the time
• The defendant, in committing the battery, knew or should have known that the victim was pregnant

Unfortunately, Florida law does not define bodily harm as great bodily harm, so a prosecutor has wide discretion in deciding whether to pursue a conviction of aggravated battery on a pregnant female. Previous cases have attempted to delineate these terms, but there is still no accepted consensus on the meaning of bodily harm in Florida. This also gives the courts wide discretion in determining whether bodily or great harm occurred.

What Are the Penalties for Aggravated Battery on a Pregnant Female in Florida? 

If convicted under § 784.045 of the Florida Statutes, the penalties for aggravated battery on a pregnant female are much harsher than those for most other aggravated battery charges, except for aggravated battery with a deadly weapon.

Aggravated battery on a pregnant female is a second-degree felony in Florida and is punishable by:

• A prison term of up to 15 years; and/or
• A fine of up to $10,000

Convicted felons also surrender certain civil rights in Florida, such as voting or owning a gun. Additional penalties may negatively affect child custody, education, employment, or housing status. In addition, if you are not a United States citizen, a conviction for aggravated battery on a pregnant female could be considered an aggravated felony and a crime of violence under immigration law, triggering mandatory deportation.