Domestic Battery On A Pregnant Person Carries Harsher Sentences

In most cases, a crime that involves physical injury or death to a spouse, ex-spouse, unmarried co-parent, or another family or household member falls under the legal umbrella of domestic violence. Domestic battery technically does as well, but when the alleged victim of the battery is a pregnant person, things are slightly different. An experienced attorney can help to clarify matters if you find yourself in this situation.

Which Law Applies?

Florida’s domestic violence law has specific requirements that must be met in order for the statute to apply: namely, the victim of the alleged domestic violence must be a family or household member, sharing a specific relationship with the alleged abuser. The statute governing aggravated battery (which always encompasses domestic battery If a pregnant person is the victim), by comparison, does not require a familial relationship.

While correct nomenclature is important, this may not matter in the grand scheme of things; if an alleged domestic battery is committed against someone you are merely dating or casually seeing, you still may face charges for it. Charges would simply be under another criminal statute rather than as domestic violence – for example, Florida permits injunctions to be obtained on the basis of dating violence, rather than domestic violence.

Know What You Are Facing

If you have been charged with aggravated battery, and your alleged victim is pregnant, it is important to understand that these cases are prosecuted aggressively. Florida has a fairly robust body of law protecting the rights of the unborn, and any offense that places an innocent victim in jeopardy – whether they may be sentient or not – is particularly egregious. This offense is normally prosecuted as a second-degree felony, carrying up to 15 years in jail if convicted.

It is possible to defend oneself against these charges, but it is important to fully understand the statute before attempting to do so. Most notably, keep in mind that the law does not say that a defendant had to know the victim was pregnant – rather, it says that the defendant is still on the proverbial hook if they knew or should have known that the victim was pregnant. If a reasonable person could conclude the defendant should have been aware, they may conclude the defendant’s actions were not excusable.

Contact A West Palm Beach Domestic Violence Attorney

Domestic battery is a crime of domestic violence, but the law allows a slightly different path if the victim is pregnant. If you have been charged with this type of offense, a West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. may be able to help protect your rights. Contact our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html