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Under Florida law, a misdemeanor simple battery charge can become a much more serious felony offense if it is alleged that the alleged victim is pregnant. The criminal offense of aggravated battery on a pregnant female is charged under Florida Statute § 784.045.
The charge of aggravated battery on a pregnant person usually involves a fight between a husband and wife or boyfriend and girlfriend, although the person accused does not have to be related to the alleged victim. In other words, the crimes is not necessarily considered a crime of "domestic" violence.
The legislature created this version of battery because a pregnant women and her unborn child are particularly vulnerable to a strike, punch, hit, kick or other offensive touching. Especially during the early stages of a pregnancy it is believed that an act of violence can increase the chances of miscarriage or cause other types of harm to the unborn child.
Never speak with a law enforcement officer about any criminal charges involving an allegation of violence. Instead, contact an experienced criminal defense attorney who can begin your defense immediately. Dean Galigani represents both men and women charged with crimes of violence throughout Gainesville, Alachua County, FL and the surrounding areas in North Central Florida.
Elements of the offense include the following:
Other types of aggravated battery involve an allegation that a deadly weapon was used or the battery resulted in great bodily harm or physical injury. Other versions of aggravated battery in Florida are also charged as a second degree felony.
Any crime alleging that a violent act took place is serious. Crimes involving a pregnant female are taken particularly serious by the State Attorney's Office throughout Florida. Dean Galigani focuses exclusively on criminal defense and has been practicing for decades.
Call (352) 375-0812 today to talk with Dean Galigani about the facts of your case. Finding representation early in the case, especially during the first 21 days after the arrest but before the prosecutor files any formal charge, is particularly important.
Dean Galigani represents clients charged with misdemeanor and felony crimes in Alachua County including Gainesville, Florida and the surrounding areas of Starke in Bradford County, Macclenny in Baker County, Lake Butler in Union County, Ocala in Marion County, Trenton in Gilchrist County, Lake City in Columbia County, Florida.
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"Dean Galigani was supportive when my son was arrested for underage possession of alcohol..." - David