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Domestic Violence on a Pregnant Female

According to Florida Statue § 741.28, a family or household member for purposes of a domestic violence charge is defined as "a spouse, former spouse, persons related by blood or marriage, person who are presently residing together as family or those who have resided together in the past as family, and persons who are parents of a child in common, regardless of whether they have been married."

Apart from people with a child in common, the family or household members need to be residing together or have resided together in the same single dwelling unit. In other words, family within the same apartment complex, for example, would not qualify.

Battery against a pregnant woman most often occurs in domestic violence scenarios; however, battery on a pregnant person is considered aggravated battery, regardless of whether the victim is considered a family member under Florida statute.

Attorney for Domestic Violence against a Pregnant Person

The attorneys at Galigani Law Firm are tireless advocates for the rights of criminal defendants and they strive to provide each client with an effective and personalized defense. If you or someone you know has been charged with battery on a pregnant female, speaking with an experienced criminal defense attorney is crucial.

We have handled domestic violence cases throughout the Gainesville Metropolitan area in counties like Alachua County, Bradford County, Union County, Putnam County, Gilchrist County, Levy County, Columbia County, and Marion County, Florida.

Understanding the elements of battery, including domestic battery and battery on a pregnant female can be the difference between facing a conviction for years in Florida State Prison or being found not guilty.

To speak with one of our skilled criminal defense attorneys, call (352) 375-0812 for more information.


Hitting a Pregnant Woman in Violation of Fla. Stat. § 784.045

Hitting a pregnant woman in Florida is automatically considered aggravated battery under Florida Statute § 784.045. While, the general scenario involves violence between individuals in a domestic setting, this Statute is not limited to those in domestic relationships as defined by § 741.28 F.S.

Anyone who commits battery against a pregnant person will be subject to criminal penalties if convicted. To prove battery on a pregnant female, the prosecutor must show the following three elements beyond a reasonable doubt:

  1. that the defendant intentionally struck or touched the victim against her will or intentionally caused bodily harm;
  2. that the victim was pregnant at the time of the offense; and
  3. that the defendant knew or should have known that the victim was pregnant.

Criminal Penalties for Battery Upon a Pregnant Victim

Battery against a pregnant victim is charged as a second-degree felony. The penalties for being found guilty is up to fifteen (15) years in Florida Prison and up to $10,000 fines.

Battery and attempted battery are lesser-included offenses of battery upon a pregnant victim.

Additional Resources

Fla. Stat. § 748.045 – Visit Online Sunshine, the official website of the Florida Legislature to find the full statutory scheme for charging individuals with violence against a pregnant person. Also find more information about other ways to be charged with aggravated battery such as knowingly causing great bodily harm or battery using a deadly weapon under Florida law.


Find an Attorney for Battery against a Pregnant Woman in Alachua County, FL

If you or someone you know has been arrested for battery or aggravated battery against a pregnant female, then it is imperative that you speak with an experienced criminal defense attorney immediately..

The attorneys at Galigani Law Firm have been fighting for the rights of criminal defendants for years. They have extensive experience in criminal litigation and facing prosecutors head on from start to finish.

Galigani Law Firm has taken battery and aggravated battery cases in the past throughout the Gainesville Metropolitan area in cities like Starke, Lake Butler, Oscala, Palatka, Bronson, Trenton, and Lake City, Florida.

We pride ourselves on sitting with clients and discussing their cases one-on-one and providing counsel every step of the way.

With offices located on 317 NE 1st St, just minutes from the University of Florida campus, we represent clients throughout the Gainesville Metropolitan Area including the surrounding counties like Bradford County, Union County, Putnam County, Gilchrist County, Levy County, Columbia County, and Marion County, Florida.

Call (352) 375-0812 or submit a free online evaluation to learn more about how the attorneys at Galigani Law Firm can help you.

This Article Was Last Updated on Friday, May 26, 2017.