Of the various types of aggravated battery crimes in Florida, one of the more common offenses is aggravated battery on a pregnant female.
A Miami aggravated battery attorney or Broward aggravated battery attorney can be helpful in fighting these serious charges in either of the two counties.
More often than not, aggravated battery is a crime of domestic violence, meaning that a domestic relationship exists between the alleged victim, the pregnant female, and the accused.
Aggravated battery on a pregnant female is a second-degree felony punishable by up to 15 years in Florida prison.
When the alleged victim is a pregnant female, there is no need for the state to prove that a weapon was used or that serious injury was caused. A mere touching to which the alleged victim did not consent is enough to have you charged with this felony offense.
A misdemeanor battery, which is a mere touching or striking, becomes a second-degree felony simply because the alleged victim is pregnant and the accused knows or should know that the alleged victim is pregnant.
This element of knowledge is what separates the misdemeanor offense of battery from the felony offense of aggravated battery. Did the accused know or should have known that the alleged victim was pregnant?
Since this is normally a crime of domestic violence, the knowledge element can be proven through the testimony of the alleged victim as she can state that the accused knew she was pregnant. If the alleged victim is visibly pregnant, that fact alone can prove the element of knowledge.
You cannot be charged with aggravated battery on a pregnant female if you did not know nor had any reason to suspect that the alleged victim was pregnant.
Eric Matheny is an aggravated battery attorney representing clients in Miami-Dade and Broward. Call Attorney Eric Matheny to discuss your case if you have been charged with aggravated battery.