Aggravated Battery – Pregnant Woman
Aggravated Battery– Pregnant Woman
What must the prosecutor prove in an Aggravated Battery– Pregnant Woman case?
According to Florida Statute § 784.045, a person commits Aggravated Battery on a Pregnant Woman if the person:
- Actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.
- The victim was pregnant at the time.
- The person committing the battery knew or should have known that the victim was pregnant.
What are the maximum penalties in an Aggravated Battery–Pregnant Woman case?
In Florida, Aggravated Battery-Pregnant Woman is a second-degree felony punishable by a maximum of:
- 15 years of imprisonment
- A $10,000.00 fine
- 15 years of probation
Possible Defenses to an Aggravated Battery – Pregnant Woman charge:
- The Person Accused Did Not Know that the Alleged Victim was Pregnant.
In order for a person to be convicted of Battery on a Pregnant Woman, that person had to know, or the person should have known, that the victim was pregnant.
- The Florida Stand Your Ground Law
Under the Florida Stand Your Ground Law a person is justified in using force against another if the person reasonably believes that such conduct is necessary to defend him or herself against the other’s imminent use of unlawful force.
- Self Defense to an Aggravated Battery – Great Bodily Harm Charge
If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in using a Battery to protect himself or herself, then the jury or judge should find the person not guilty.
- The Witnesses are Lying
Alleged victims and witnesses in Aggravated Battery – Pregnant Woman cases sometimes make false accusations because they have a motive to lie. For example, child custody issues, cheating in a relationship, and other conflicts can motivate a person to claim an Aggravated Battery occurred when it did not. A Defense Attorney can expose these motivations and attack false allegations.
- The Witnesses May Be Mistaken
Sometimes a witness may claim to have seen a Battery take place, but they were mistaken. For example, Attorney Hardy handled an Aggravated Battery case in which a witness claimed to have seen Attorney Hardy’s client strike the alleged victim at a bar. However, during Attorney Hardy’s investigation Attorney Hardy was able to prove that there was very little light in the bar, the witness had been drinking heavily, and that the witness saw the events take place behind her – through her legs – as she was crawling on the bar. Evidence like this can discredit a witness’s testimony.
Common Question Regarding an Aggravated Battery – Great Bodily Harm charge
- Does the State Have to Dismiss an Aggravated Battery – Pregnant Woman Charge if the Victim Decides Not To Prosecute?
No. Although the victim can request that the State Attorney’s Office not prosecute, the decision whether or not to prosecute is up to the prosecutor. If the prosecutor can prove the case using other witnesses, videos, photos, or a 911 call, they will normally proceed with the case with or without the victim.
Are you looking for the best Aggravated Battery – Pregnant Woman lawyer in Tampa Florida? Contact Attorney David C. Hardy.
Tampa Attorney David C. Hardy is a former prosecutor that now represents persons accused of Aggravated Battery – Pregnant Woman. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of Aggravated Battery cases.
If you or a loved one has been arrested for Aggravated Battery – Pregnant Woman in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, Attorney David C. Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.