Aggravated Battery on a Pregnant Woman

Pregnant Woman

Being convicted on charges of aggravated battery on a pregnant woman will leave you facing severe and life-changing penalties. At Orlando based Adams & Luka our assault and battery lawyers are experienced in felony criminal law, an essential factor to consider for those who have been accused and desire the best possible outcome.

According to Florida Statute 784.045(1)(b), some aspects of the offense must be proven by the prosecution for the defendant to be convicted of this second-degree felony offense.

These elements include:

  • The defendant caused bodily harm or touched/struck the victim intentionally and against her will;
  • At the time of the battery the victim was pregnant;
  • At the time the assault occurred the defendant knew or should have known the victim was pregnant.

Proving all of the necessary elements of a crime is not an easy task in many cases. We work diligently to fight the charges and secure an acquittal, have charges dismissed, or reduced in situations when obtaining a not guilty verdict is not possible.

What is Aggravated Battery on a Pregnant Person?

Aggravated battery offense requires that a deadly weapon is used in the crime or great bodily harm occurs. However, when the alleged victim is a pregnant woman, it is not necessary that a deadly weapon such as a baseball bat is used in the commission of the crime or that the woman suffers great bodily harm or injury. A simple battery becomes a severe felony offense when a pregnant person is touched in any way that is unwanted, even if the person is not injured. As you can imagine, it is not difficult for someone to be wrongly accused of this offense. The idea that you could lose your freedom and spend time in prison over touching a pregnant person's arm is almost laughable, however, criminal charges are no laughing matter. A conviction will steal your freedom and result in a stigma that follows you throughout life.

Defenses to Charges of Aggravated Battery on a Pregnant Woman

Various defenses may be used in defending against these serious criminal charges depending on the facts of your case. Our Orlando criminal defense attorneys will explore all possible options and work with you to develop a robust, effective legal strategy to minimize damaging consequences. Some possible defenses include:

  • You did not know the person was pregnant
  • You did not intentionally touch the victim
  • You had permission or consent to touch the pregnant woman
  • It was an act of self-defense
Penalties

Those convicted of aggravated battery on a pregnant person will face harsh punishment that may include:

  • A prison term of up to 15 years
  • Up to 15 years of probation
  • A fine of as much as $10,000

It is important to note that if the defendant and victim were in a qualifying relationship (for example married, living together), the defendant may face charges of domestic violence which could bring about additional statutory penalties. The minimum sentence for those convicted of this crime is 21 months.

A conviction not only results in the above penalties but will also impact your life in many other aspects. You may lose your right to vote or own a firearm; finding employment, getting a student loan or renting a home will be difficult because of your criminal record. When facing second-degree felony charges, it is critical to work with a lawyer who will work vigorously to protect your freedom and secure the best possible result in your case.

Contact Adams & Luau Now

When you are arrested or facing charges of aggravated battery on a pregnant woman it is without a doubt the most frightening and stressful time in your life. At Adams & Luka, our attorneys have experienced in assault and battery cases and are dedicated to providing every client with exceptional legal guidance. We know the complexities of the legal system and how difficult it can be to navigate on your own; we also know the enormous risks involved in choosing not to hire capable legal counsel. Contact us now at for a free consultation by phone or our online contact form.

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I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
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Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
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Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
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Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink
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