Miami Aggravated Battery on a Pregnant Female Lawyer

A pregnant woman is carrying a precious passenger inside her body. Florida law aims to protect the vulnerability of both the mother-to-be and the unborn child. If you are accused of aggravated battery on a pregnant female or fear that you may be arrested soon on such a charge, you should meet with an experienced criminal defense attorney as quickly as possible to discuss your dilemma.

Hubbs Law Firm defends people accused of domestic violence in Miami or Miami-Dade County, including Hialeah, Miami Gardens, Miami Beach, Coral Gables, South Miami, North Miami, Kendall, Homestead, and other cities and communities in the Greater Miami area.

E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar. Board certification is the highest level of evaluation and accreditation for lawyers conferred by the Florida Bar. Board certification is an assurance of competency and experience within an area of law, as well as professionalism and ethics in practice.

Despite its good intentions, this law casts a wide net and sometimes snares people who had incidental or benign contact with a pregnant woman. All it takes for a charge to be filed is a pregnant woman's complaint that she was touched inappropriately, even if she or the unborn child were not injured. The allegation is often made during divorce proceedings or child custody disputes as a tactic to gain a legal advantage, but the consequences of a false allegation can be severe.

Are you facing a charge for aggravated battery on a pregnant female in Florida? Call Hubbs Law, P.A. today at (305) 570-4802 or contact us onlineto schedule a meeting with our aggravated battery on a pregnant female attorney in Miami!

What Is Aggravated Battery on a Pregnant Female?

The intentional touching, striking, or infliction of any bodily harm on a pregnant female by someone who knew or should have known that the victim was pregnant is aggravated battery on a pregnant female under the Florida Statutes, § 784.045(1)(b). Most of these charges occur between people who are domestically related, such as a husband and wife, boyfriend and girlfriend, or parents with a child in common.

In Florida, simple battery occurs when someone intentionally touches or strikes someone against their will. It also occurs when a person causes great bodily harm to other people. Simple battery is a first-degree misdemeanor.

Elements of Florida's Aggravated Battery on a Pregnant Woman

If a case of aggravated battery on a pregnant woman proceeds to trial, a prosecutor must prove that the defendant did the following beyond reasonable doubt:

• Committed battery by intentionally touching or striking the alleged victim against her will
• Committed battery by intentionally causing bodily harm to the alleged victim
• The victim was pregnant at the time
• The defendant, in committing the battery, knew or should have known that the victim was pregnant

Unfortunately, Florida law does not define bodily harm as great bodily harm, so a prosecutor has wide discretion in deciding whether to pursue a conviction of aggravated battery on a pregnant female. Previous cases have attempted to delineate these terms, but there is still no accepted consensus on the meaning of bodily harm in Florida. This also gives the courts wide discretion in determining whether bodily or great harm occurred.

What are the Penalties for Aggravated Battery on a Pregnant Female in Florida? 

If convicted under § 784.045 of the Florida Statutes, the penalties for aggravated battery on a pregnant female are much harsher than those for most other aggravated battery charges, except for aggravated battery with a deadly weapon.

Aggravated battery on a pregnant female is a second-degree felony in Florida and is punishable by:

• A prison term of up to 15 years; and/or
• A fine of up to $10,000

Convicted felons also surrender certain civil rights in Florida, such as voting or owning a gun. Additional penalties may negatively affect child custody, education, employment, or housing status. In addition, if you are not a United States citizen, a conviction for aggravated battery on a pregnant female could be considered an aggravated felony and a crime of violence under immigration law, triggering mandatory deportation.

The Florida Scoresheet for Felony Convictions

In Florida, felony convictions are subject to sentencing guidelines after points are assessed on a scoresheet. The total points assessed will determine the actual prison time.

In tallying the points, crimes are categorized among ten levels, with level 1 being the least severe and level 10 the most. Aggravated battery on a pregnant woman is a level 7 offense, like an aggravated battery with a deadly weapon. Points are assessed for primary and additional offenses, victim injuries, prior record, use of a firearm, and other factors, and a formula is applied to determine the sentence.

Even with no prior offenses or other aggravating circumstances, a defendant convicted of aggravated battery on pregnant female scores 21 months at the bottom of the guidelines. Therefore, at a minimum, the judge will be required to sentence you to 21 months in prison unless there is a legal reason to depart from the sentence.  
Convicted felons will face other obstacles upon release from prison, including the loss of certain civil rights, such as the right to vote or own a weapon, and diminished opportunities for education, employment, and housing.

Contact Our Miami Aggravated Battery on a Pregnant Female Attorney Today  

If you were charged with aggravated battery on a pregnant female or any domestic violence in Miami or Miami-Dade County, then your freedom and relationships with your family may be in jeopardy. You likely need an experienced Miami domestic violence lawyer to help you with the legal issues bombarding you.

At Hubbs Law Firm, we represent clients charged with domestic violence, including aggravated battery of a pregnant female. Our clients come from all over Miami-Dade County, including Miami, South Miami, North Miami, and suburban areas such as Hialeah, Miami Beach, Coral Gables, Miami Gardens, Homestead, Fontainebleau, and other areas.

E.J. Hubbs is experienced in domestic disputes and can provide insightful counsel when needed. He also represents clients charged with other forms of battery and aggravated battery, including domestic violence by strangulation and aggravated battery with a deadly weapon or serious bodily injury.

When you are charged with a domestic crime, your future relationship with your family is at risk. Contact a skilled and compassionate lawyer today who will fight for your rights.

Contact Hubbs Law, P.A.today to schedule a FREE consultation with our aggravated battery on a pregnant female lawyer in Miami!

Additional Resources

• Florida Statutes, Title XLVI, Chapter 784, § 784.045 — Aggravated Battery — Read Florida's current aggravated battery laws, including the crime of aggravated battery on a pregnant female. You can also learn about the legislative history of the law as well as the laws for related offenses.
• Healthy Start Coalition of Miami-Dade — Since 1992, HSCMD has been a leading organization in maternal, infant and child health, targeting women of childbearing age, pregnant women and infants from birth to three years. The organization's primary goals are to reduce the rates of infant mortality, pre-term birth and low birth weight, improving women’s health and pregnancy outcomes, promote the enhanced development of infants and toddlers, and improve the community’s knowledge and awareness about its various services.
• National Domestic Violence Hotline – The Domestic Violence Hotline was founded from a grant from the Administration on Children, Youth, and Families and the U.S. Department of Health and Human Services.  Find information on a domestic violence hotline that can be reached 24 hours a day 7 days a week by phone call, text, or chat.
• Miami-Dade County State Attorney’s Office - the Miami-Dade State Attorney’s Office prosecutes individuals who are charged with crimes related to domestic violence.
• Florida Courts - Find information on filing an injunction for protection against domestic violence.
• Department of Children and Families (DCF) - get domestic violence information from the Department of Children and Families who is the Florida agency tasked with protecting children in domestic violence situations.  DCF has a domestic violence hotline that can be used 24/7.
• Miami-Dade Clerk of Court- find information on filing an injunction for protection against domestic violence in Miami-Dade County.