Aggravated Battery on a Pregnant Woman in Okaloosa County
If you have been charged with Aggravated Battery on a Pregnant Woman in Okaloosa County, you need to take steps right away to safeguard your future. You really have only two options:
- Settle for a state-funded public defender, or
- Retain a professional Okaloosa County criminal lawyer with experience defending clients accused of Aggravated Battery on a Pregnant Female.
My name is Tim Flaherty. Since 2001, criminal defense has been my ONLY area of practice. I work relentlessly to get the very best results for my clients, and I am ready to put my talent and dedication into your case. Call me anytime at (850) 243-6097.
Overview of Aggravated Battery on a Pregnant Woman
In order for the State to prove someone guilty of this charge, they must prove the following elements:
- Defendant intentionally touched or struck the victim against her will; and
- In committing the battery, Defendant knew or should have known that victim was pregnant.
What makes the charge an “Aggravated” Battery?
Florida law has identified pregnant women as a protected status. Therefore, even if the physical contact would have only been a misdemeanor against anyone else, if it was done against a pregnant woman, the charge is enhanced to the felony offense of Aggravated Battery.
Is this charge considered a Domestic Violence offense?
No, but the charge does commonly stem from a domestic violence incident between two people who live together. This makes the charge more difficult to defend because if two people live together, chances are the accused knew his wife or girlfriend was pregnant, which is one of the elements the State must prove.
If the incident involved two people who didn’t know each other, obviously it is more difficult to prove that the accused knew the victim was pregnant.
Penalty For Aggravated Battery on a Pregnant Woman
Aggravated Battery on a Pregnant Woman is a second degree felony. It is punishable by up to 15 years incarceration. Under the Florida sentencing guidelines, it is a level 7, 56 point offense that “scores out” to a minimum of 21 months in prison if you are convicted. If the victim suffered any visible injuries, additional points can be added to the score which raises the minimum as follows:
- No injury points: 21 months department of corrections.
- Slight Injury: 24 months department of corrections.
- Moderate Injury: 34.5 months department of corrections.
- Severe Injury: 51 months department of corrections.
For more information about Florida’s sentencing guidelines, click.
Defending an Aggravated Battery on Pregnant Woman case in Okaloosa County
When we meet to talk about your case, I’ll ask for a detailed account of what happened. I will also want to talk to any witnesses on your side, as well as all state witnesses. I will review the police reports as well as any physical evidence that was collected.
After reviewing the State’s case against you, I will be able to advise you about any potential defenses that you have. I will also be able to gather mitigation to use in getting the case either reduced or dismissed.
Possible defenses include self defense, false accusation, mistaken identity, along with raising the issue of whether you knew or should have known that the alleged victim was pregnant.
Call an Okaloosa County Criminal Lawyer and Get the Help You Need
Your best chance of staying out of prison and keeping a felony conviction off your record is to hire the best Okaloosa County criminal lawyer you can find. You need someone with experience defending serious felony cases.
If you have been charged with Aggravated Battery on a Pregnant Woman in Okaloosa County, I invite you to contact my office at (850) 243-6097 anytime, day or night and see for yourself what my team and I can do for you.