Flaherty Defense Firm, Fort Walton Beach Criminal Lawyer
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Battery on a Pregnant Woman Attorney in Fort Walton Beach

If you have been arrested in Fort Walton Beach for Battery on a Pregnant Woman, the stakes are high. You are facing a felony conviction on your record and a mandatory prison sentence if you are convicted. In order to give yourself the best chance of avoiding these devastating and lifelong consequences, it’s important that you make smart decisions. Decisions that will greatly affect the outcome of your case. Here are 3 things you need to be thinking about:

  • The benefits of hiring an experienced, local criminal defense attorney vs. hoping for the best with a public defender,
  • Having your attorney contact the alleged victim to have contact with you restored,
  • Making a decision not to talk to the police without your attorney present.

Obviously, there are no guarantees about what the outcome in your case will be, but deciding wisely on the 3 things I listed above will go a long way towards pushing your case in a favorable direction.

My name is Tim Flaherty. Since 2001, I have been defending clients charged with Battery on a Pregnant Woman in Fort Walton Beach and throughout Okaloosa County. I understand that you are stressed and scared about what is going to happen. I would like to help ease some of your stress.

If you would like some help, just pick up the phone and call me at (850) 243-6097. There is no charge for the call, and it is the first step towards getting the help you need.

Battery on a Pregnant Woman in Fort Walton Beach under Florida Law

Battery on a Pregnant Woman is considered an Aggravated Battery offense, not because of the severity of the injury inflicted, but because of the alleged victim’s status as a pregnant woman. In other words, even if the battery was minor enough to only be a misdemeanor under normal circumstances, if the alleged victim was pregnant, the State will charge you with felony Aggravated Battery.

To prove the crime of Battery on a Pregnant Woman, the State must prove the following three elements beyond a reasonable doubt:

  1. The defendant intentionally touched or struck the victim against her will and intentionally caused bodily harm to the victim.
  2. The victim was pregnant at the time.
  3. The defendant in committing the battery knew or should have known that the victim was pregnant.

Penalties for Battery on a Pregnant Woman

Battery on a Pregnant Woman is a 2nd degree felony and is punishable by up to 15 years incarceration. Florida sentencing guidelines classify this charge as a level 7 offense. If you are convicted, you will face a minimum sentence under the Guidelines of 21 months in prison. The state attorney can also add additional points for the victim’s injury, therefore adding more time to your potential prison sentence.

Defending your Fort Walton Beach Battery on a Pregnant Woman case

The first thing I will do is reach out to the alleged victim. It is very important to have an idea about where they stand and what they want to see happen with the case. You may have heard that even if the alleged victim wants to drop the charges, the State can still “pick up” the charge. Technically, this is true. However, if the alleged victim is willing to cooperate with me, your chances of success are much higher.

If we can show the State Attorney that they don’t have a witness who is willing to testify against you, that opens up a lot of possibilities for how to resolve the case, including reduced charges, Pretrial Diversion, and possibly a full dismissal.

If the alleged victim is not on our side, that does not mean your case is hopeless. There are still defenses I can raise. For example, self defense might be an issue. Or maybe there is an issue about whether you knew the alleged victim was pregnant. Either way, I have the experience in these cases to know what to look for and how to maximize your chances of success.

It is completely normal to be feeling overwhelmed and scared about what is going to happen next. But remember one thing: At this point, you have only been accused, not convicted.

It is my job to make sure it stays that way.

If you have been charged with Battery on a Pregnant Woman in Fort Walton Beach, call my office, anytime day or night, at (850) 243-6097 to schedule a free consultation to discuss your options.

Florida Association of Criminal Defense Lawyers, Inc.
NORML
National Association of Criminal Defense Lawyers
Avvo Clients Choice 2014
The National Trial Lawyers