Under Florida law, domestic battery on a pregnant female falls under the aggravated battery statute §784.045 of the Florida Criminal Code. Because this offense falls under aggravated battery and not under the domestic violence statutes, the elements of the crime do not follow a normal domestic violence claim.
Generally, a domestic battery on a pregnant female will be committed in the context of an intimate relationship. It is important to retain independent counsel to defend yourself if you are accused of aggravated battery on a pregnant female or domestic battery on a pregnant female.
The Morris Law Firm, P.A. defends clients in the St. Petersburg and surrounding areas accused of aggravated battery and assault. Melinda Morris is a former prosecutor who has insight on how prosecutors build their cases so she can make more effective defenses to prosecutors’ arguments. If you are located in Pinellas County or the surrounding area, and you have a domestic battery on a pregnant female charge, contact the Morris Law Firm, P.A. at (727) 592-5885 for a consultation.
How Domestic Battery on a Pregnant Female differs from Domestic Battery
One of the essential elements of a domestic battery case is that the person battered or committing the battery has to be related by blood or marriage or in a romantic relationship. Domestic battery on a pregnant woman is located in the aggravated battery section of the code so the family relationship is not required.
In fact, it is not even required that a person knew for sure that the woman was pregnant when the battery took place. The exact language of the code says, “A person commits aggravated battery if the victim was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.” There could be a lot of circumstantial evidence prosecutors can come up with to show that the accused abuser should have known the victim was pregnant.
Also, note that you do not have to use a deadly weapon or cause substantial bodily injury to the pregnant woman to be accused of aggravated battery.
What are the Penalties for Domestic Battery on a Pregnant Female?
The penalty for aggravated battery on a pregnant woman is a prison sentence of up to 15 years. Battery on a pregnant woman is considered a second-degree felony and generally prosecutors will carry on with the case because the battery could have injured the unborn child as well as the woman.
Even if the pregnant woman does not want to press charges, generally it is the prosecutor’s decision on whether to follow through with the case or not. It is important to talk to a lawyer right away if you are accused of domestic battery on a pregnant woman
Morris Law Firm, P.A. | Battery on a Pregnant Female in Pinellas County
The Morris Law Firm, P.A. is committed to representing persons who are faced with domestic battery on a pregnant woman charges. If you have been charged with domestic battery on a pregnant female in Pinellas County or St. Petersburg, contact the Morris Law Firm, P.A. to speak with a Pinellas County domestic violence attorney. Our goal is to protect your constitutional rights and defend your case to obtain the lowest possible punishments.
