Aggravated Battery (Pregnant Victim)

Aggravated Battery of a Pregnant Victim in Florida

Aggravated Battery of a Pregnant Victim is a crime in which a person commits any crime of Battery on a Pregnant Victim.

Definition of Aggravated Battery of a Pregnant Victim in Florida

The crime of Aggravated Battery of a Pregnant Victim, as defined by § 784.045, Florida Statutes, is any Battery committed against a Pregnant Victim if the defendant knew or should have known the victim was pregnant.

The State’s attorney must prove beyond a reasonable doubt that the defendant is guilty of the crime of Aggravated Battery of a Pregnant Victim by establishing all three of the following elements of the crime occurred:

(1) The defendant actually and intentionally touched or struck the pregnant victim against her will.

This means the State of Florida must prove that the defendant made intentional physical contact with the pregnant victim.

(2) The victim was pregnant at the time of the touch or strike.

This means the State of Florida must prove that the defendant knew, or could tell, or should have known that the victim was pregnant at the time the touch or strike occurred.

(3) In actually and intentionally touching or striking the pregnant victim, the defendant knew or should have known the victim was pregnant.

This means the State of Florida must prove that the defendant knew, or could tell, or should have known that the victim was pregnant at the time the touch or strike occurred.

penalties for Aggravated Battery of a Pregnant Victim in Florida

Aggravated Battery is a second degree felony punishable by a term of imprisonment of up to 15 years, and up to $10,000 in fines, as provided in § 775.082 or § 775.083, Florida Statutes.

When a firearm is used, the penalty increases substantially to a minimum prison term of 10 years. If the firearm is a semi-automatic firearm or a machine gun, the penalty is a minimum prison term of 15 years. If the firearm is discharged, the penalty is a minimum prison term of 15 years. If the firearm discharge results in great bodily harm or death, the penalty is a minimum prison term of 25 years.

The court also may sentence a habitual felony offender to a term of imprisonment not exceeding 30 years, as provided in § 775.084, Florida Statutes.

Finally, there are a host of potential lifelong consequences to both your civil rights, as well as your personal and professional opportunities.

Defenses to Aggravated Battery of a Pregnant Victim in Florida

Aggravated Battery of a Pregnant Victim is a violent crime and a serious criminal offense. Under Florida law, the defense for an Aggravated Battery of a Pregnant Victim depends on the specific circumstances, and may include:

  • There was no intention to touch or strike the pregnant victim
  • No actual physical contact was made with the pregnant victim
  • The victim was not pregnant at the time of the touch or strike
  • There was no way to know the victim was pregnant at the time of the touch or strike
  • Self defense or defense of other(s) by attempting to restrain the pregnant person
Examples of Aggravated Battery of a Pregnant Victim in Florida
  • Intentionally grabbing, striking, hitting, slapping, punching or kicking a pregnant victim
  • Any physical attack that involves contact with a pregnant woman
Contact Us

If you have been charged with the crime of Aggravated Battery of a Pregnant Victim in Broward, Palm Beach, or Miami-Dade County, you need to speak with a criminal defense attorney right away to ensure your rights are protected. The Law Office of Sean Clayton, P.A., can help you better understand your situation and your options. Contact us today for your free consultation.