Battery is simply touching another person unlawfully and without consent. Domestic Violence is a type of battery that occurs between family members or those who live together as "family" as defined by Fla. Stat. §741.28(3).
When the victim is pregnant, regardless of any domestic relationship between the parties, the crime is an aggravated battery. The penalty for hitting a pregnant woman is charged with a felony.
Knowledge is an important factor here because what you know or what you should know could be the difference between a felony, or a misdemeanor battery charge.
John Terrezza has devoted his entire career to criminal defense. Terrezza has defended clients against criminal charges in domestic violence cases in the courtrooms in Pensacola in Escambia County, Milton in Santa Rosa County, and in the United States District Court for the Northern District of Florida.
If you or someone you know has been arrested for domestic violence or battery on a pregnant person, call a lawyer who will fight against fines and jail time before making any statement to the police.
John Terrezza's goal is to help you get the best possible outcome. Call (850) 764-5291 to schedule an appointment, or go online for a free evaluation of your case.
Call (850) 764-5291 to schedule an appointment, or go online for a free evaluation of your case.
Florida Statute §784.045 sets out the elements of aggravated battery. To prove battery on a pregnant person, the prosecutor must show the following three elements beyond a reasonable doubt:
Battery and attempted battery are lesser-included offenses of domestic violence upon a pregnant woman.
Battery against a pregnant person is a Second-degree Felony. The penalty is up to fifteen (15) years in prison, and up to 10,000 in fines.
Florida Criminal Jury Instructions –Visit the Florida Supreme Court website to find out more about the consequences of hitting a pregnant woman, and for additional information on aggravated battery and assault. Criminal Jury Instructions provide the elements of the crime.
If you or someone you know was arrested for battery or domestic violence upon a pregnant woman, then act now.
Attorney John Terrezza fights for the rights of criminal defendants. He has experience in criminal litigation in battery and domestic violence cases throughout Pensacola in Escambia County, Milton in Santa Rosa County and in federal court in the United States District Court for the Northern District of Florida.
Call Attorney John Terrezza at (850) 764-5291 or fill out a free evaluation form.
This article was last updated on Thursday, December 29, 2016.