Aggravated Battery upon a Pregnant Female
Florida Statutes § 784.045 sets out the elements for the crime of Aggravated Battery upon a Pregnant Victim. The harsh penalties for this offense recognize that pregnant women are particularly vulnerable to domestic violence and other forms of abuse. By making the consequences of hitting a pregnant woman particularly harsh, the statute discourages injuries to unborn children.
The statutory language is extremely broad requiring proof of only an offensive touching or one causing non-serious bodily harm. Many people are surprised to learn that this serious crime can be alleged even if the contact caused no serious injury to the woman or her unborn child.
Although well intended, the statute often leads to absurd results when a pregnant female makes a false or exaggerated allegation that a touching was offensive. False allegations are particularly common when a pending divorce or child custody battle is anticipated.
A variety of other reasons can exist for false allegations in these cases. We’ve even seen cases in which the pregnant female is wrongfully arrested or charged with a crime even though the evidence is overwhelming that she did not initiate the violence and was acting in self-defense or defense of her unborn child.
Attorney for Battery on a Pregnant Woman in Tampa, FL
If you have been falsely accused of any form of battery or aggravated battery in the Tampa Bay area, including a battery upon a pregnant female, then contact an experienced criminal defense attorney at Sammis Law Firm. In addition to our main office in downtown Tampa, we recently opened a second office directly across from the West Pasco Judicial Center in New Port Richey, FL.
We represent clients on a variety of violent crimes throughout Tampa Bay including false imprisonment, kidnapping and all forms of aggravated battery. The penalties are even more serious when a weapon or firearm is used or when domestic violence involved strangulation.
Contact us today to speak directly with an attorney about the facts of your case. Find out what steps you need to take today to protect yourself against this serious allegation.
Call (813) 250-0500.
Elements of Aggravated Battery upon a Pregnant Woman
At trial, the prosecutor with the State Attorney’s Office must prove the following elements beyond all reasonable doubt:
- The defendant committed a battery on the alleged victim;
- the defendant actually and intentionally touched or struck another person; or
- the touching was against the victim’s will; or
- the touching intentionally caused bodily harm to another person;
- The victim was pregnant at the time of the battery; and
- The defendant knew or should have known that the victim was pregnant at the time the battery was committed.
Under Florida law, aggravated battery upon a pregnant woman is a specific-intent crime. The victim’s pregnancy is an essential element of the offense. For this reason, the defendant’s state of mind or knowledge of the victim’s pregnancy is a crucial issue in the case.
If you were arrested for this charge in Hillsborough County, then the offense is coded into the computer at the jail as BATT6000 AGGRAVATED BATTERY ON PREGNANT FEMALE.
Penalties for Aggravated Battery on Pregnant Woman in Florida
Aggravated battery on a pregnant woman is a second-degree felony punishable by up to:
- 15 years in prison;
- 15 years on probation; or
- a maximum fine of $10,000.
This form of aggravated battery is classified as a Level 7 offense under Florida’s sentencing guidelines. A Level 7 offense requires adding 56 points on the score sheet if the offense is the primary offense. That means that even if you have no prior record and this is the only charge, this charge by itself means that you will score out to time in Florida State Prison.
If this charge is given a score based on it being an additional offense, then 28 points are added to the score sheet. Other forms of aggravated battery include intentionally causing great bodily harm or disfigurement or while using a deadly weapon under Florida Statute Section 784.045(1)(a)1 or 2.
Defenses to Criminal Charges for Battery on a Pregnant Woman
The most common defenses that are asserted when a person is charged with battery on a pregnant woman under Section 784.045 include:
- The contact was an accident without any intent to touch the woman in an offensive or violent matter;
- You didn’t know the woman was pregnant;
- You were acting in self-defense after the pregnant women came at you as the primary aggressor; or
- You were acting in defense of another person.
Florida Statute Section 784.045 for Aggravated Battery – Read the internet site of the Florida Legislature to find the statutory language for Florida Statute 784.045 of Title XLVI for aggravated battery with a deadly weapon and aggravated battery on a pregnant female. Find information on the legislative history of the statute and the laws for related offenses.
Pregnant Women’s Rights Must Be Fully Protected by the Criminal Law – This article published on April 15, 2014 explains the Pregnant Woman’s Protection Act that was drafted in direct response to the well-documented threats of violence faced by pregnant women and their unborn children. Find statistics demonstrating that violence and abuse committed against a woman during the pregnancy is often higher than at any other period in a woman’s lifetime.
Finding a Lawyer for Battery on a Pregnant Female in Hillsborough County
Florida law provides harsh penalties related to the ongoing problem of pregnancy-related violence including violence directed toward unborn children. In the most extreme cases, the use of unlawful force includes punching or beating a pregnant woman with the intent of causing a miscarriage.
If you have been arrested for any crime of violence, including aggravated battery on a pregnant female, or any charges for domestic violence, then contact an experienced criminal defense attorney in Tampa, FL. The attorneys at Sammis Law Firm take an aggressive approach to represent clients on these and similar criminal charges.
We are familiar with the tactics used by local law enforcement officers with the Hillsborough County Sheriff’s Office or the Tampa Police Department when investigating violent crimes including battery and aggravated battery.
Find out what you need to do today to protect yourself after a serious felony accusation is made against you.
Call (813) 250-0500.
This article was last updated by Jason D. Sammis on Friday, January 4, 2019.