As you may know, a battery is a simple touching or striking of another. There is no requirement that a weapon be used or that serious bodily harm result. You can literally be charged with a battery just for touching somebody against their will.
However, when the alleged victim is a pregnant woman, the crime of battery (normally a first-degree misdemeanor) becomes aggravated battery, a second-degree felony punishable by a maximum of 15 years in state prison.
"A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant."
That means that what would normally be a simple battery (a striking or touching without any real harm) becomes a serious felony if the accused knew or should have known that the alleged victim was pregnant.
In most instances of aggravated battery against a pregnant woman, the case is classified as
domestic violence where the alleged victim is carrying the child of the accused.
But since domestic violence can include non-spousal familial relationships (brothers/sisters/mothers/fathers), one sister who allegedly hits her pregnant sister can be arrested and charged with aggravated battery. Women and men can both be criminally liable for hitting a pregnant woman.
In those cases, it may be easier for the State to prove the knowledge element if the accused is the father of the alleged victim's child.
However, in non-domestic situations, it may be much harder. Some pregnant women do not "show" the same as other women. Smaller women tend to be much more "obviously pregnant" whereas a heavyset woman's stature may prevent a more "pronounced" pregnancy.
If the accused did not know or had no reason to know that the alleged victim was pregnant, he or she cannot be prosecuted for aggravated battery. They may face
misdemeanor battery charges, but I am a firm believer that it is better to have to answer to misdemeanor charges as opposed to felony charges (which carry prison time, even at the lowest degree).
Knowledge notwithstanding, the State must still prove the touching or striking. That means that there must be proof that the alleged victim was hit. Physical marks and bruises are not required, although without them the State's case is very weak. This proof can exist in the form of statements (from the alleged victim and other witnesses, if any) and the 911 tape.
Penalties range from
Pretrial Intervention, or PTI (if the alleged victim agrees and the accused has no prior criminal history) all the way up to prison. If an accused person enters a plea of guilty or no contest and receives a
withhold of adjudication, this charge cannot be
sealed under any circumstances, domestic or non-domestic.
As you may recall from earlier posts, aggravated battery (in any form) is a disqualifying offense when it comes to sealing a criminal record.
If the charge is reduced to misdemeanor battery and it is non-domestic, you may be eligible to have the charge sealed upon completion of probation or whatever sentence is imposed.
Aggravated battery against a pregnant victim is a tough charge for the State to prove. As a
former Miami-Dade prosecutor I know personally how difficult it is to prove that a criminal defendant had knowledge of a particular fact. This element of the charge basically requires a prosecutor to get inside the mind of an accused person in order to tell what they were thinking. Absent hard evidence, that element is difficult to prove.
I believe in working a case early on in the process. The first 21 days of a felony case can determine whether felony charges are filed, whether
felony charges are reduced to a misdemeanor, or whether the case itself is "no actioned," or dismissed without formal charges being filed.
A good
criminal defense attorney will work hard early on in the process to fight the charges before they are formally filed. A little work on the front end can pay huge dividends on the back end.
Aggravated battery is a very serious felony charge. In both Miami-Dade and Broward, experienced prosecutors will handle these types of cases. In some instances, specialized domestic violence prosecutors may be assigned to these cases.
When facing felony charges, it is always wise to have the representation of a qualified criminal lawyer. I have handled many aggravated battery cases and possess the knowledge, skill, and persistence necessary to ensure my clients a strong defense.
If you or someone you know has been charged with aggravated battery,
call me to discuss the matter confidentially.