Aggravated Battery on a Pregnant Person
Serious Defense for Serious Charges
Certain types of domestic battery cases will be charged as a felony. Aggravated Battery on a Pregnant Person, is one of those charges. This crime is a level 7 offense on the Florida Criminal Punishment Code Scoresheet, and even a first-time offender, if convicted, will face a mandatory prison sentence. The fact that the victim in the case is pregnant is an “aggravating” factor that enhances a simple misdemeanor battery to a felony.
What Constitutes Battery on a Pregnant Person?
The first requirement is that the victim is pregnant. The Defendant must also know, or should have known, that the victim is pregnant. It is the job of the State to show that the Defendant knew that the victim was pregnant at the time that the battery is committed. Attorney Matt Thompson has handled cases where the woman was near the end of her pregnancy and obviously showing. He has also handled cases where the victim tells the Defendant that she “may” be pregnant but does not actually confirm her pregnancy until after the Defendant is arrested. Regardless of the unique facts in each case, it is the State’s job to prove this beyond and to the exclusion of every reasonable doubt.
How Do WE Defend an Aggravated Battery on a Pregnant Person Charge?
The best defense in these cases is an early defense. Each and every client that hires us early on in the process to defend them from these charges can expect our domestic violence lawyer to:
- Contact the prosecutor before charges are ever filed.
- Provide the prosecutor with any legal defenses we may have to deter them from formally filing charges against our clients.
- If no legal defenses are applicable at this stage of the case, we provide the prosecutor with mitigation (information that show the character of our client).
Each police report is written with the intention of having a person arrested and held in jail. Police reports are not designed to help the client. We believe that it is better to provide the State with information important to your case before they decide whether to charge you based on the police report.
Mandatory Prison Sentence
The legislature has deemed that this charge is punishable with a mandatory prison sentence regardless of whether you have had any priors. These cases have a lot of jury appeal for the State because any scenario where a pregnant woman is battered inflames the jury’s emotions and they are more likely to convict. Our lawyer believes that the hard work should be done prior to going to trial. If the case cannot be resolved, Attorney Matt Thompson has the skill and experience to take these matters to trial. Regardless of what path your case takes, you will need an experienced and dedicated defense attorney to defend your rights under the Constitution. We would be honored to discuss your case in a no-charge consultation and look forward to discussing your case with you.
Call us at (386) 280-4977 to schedule a consultation.
Our Settlements & Verdicts
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Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
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All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
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No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
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No Criminal Charges Filed Public Assistance Fraud
Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.
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Penalties Reduced Grand Theft, Fleeing, Possession of a Fictitious Driver’s License
Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.
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Charges Reduced to Simple Assault Aggravated Assault with a Firearm
At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson