Domestic Violence Against A Pregnant Person Carries Stiffer Penalties
Crimes of domestic violence are taken seriously in Florida, regardless of who the alleged victim may be. However, there are certain particular classes of victims against whom domestic violence is seen as particularly egregious. Pregnant people are at the top of this list; their biological and medical status – particularly during a difficult pregnancy – can make them among the most vulnerable potential victims. If you have been involved in a domestic dispute and allegedly harmed a pregnant person, it can be quite difficult to defend against such allegations.
Automatically A More Serious Offense
Florida defines domestic violence as any criminal offense that results in physical injury or death to a victim, who must share a particular relationship with the alleged perpetrator (for example, spouses, unmarried co-parents, or family members related by blood or marriage, among others). Under state law, no one crime of “domestic violence” exists; rather, a person is charged with the underlying offense, and if they are convicted, domestic violence is taken into account at sentencing.
That said, the law does specifically take pregnant victims into account. Florida Statute 784.045 establishes that any battery against a pregnant victim is automatically upgraded to aggravated battery, meaning that its potential penalties are stiffer than with a standard battery conviction. The vulnerability of a pregnant person, and the increased likelihood of being dependent on an alleged abuser, are reasons why the state legislature sought to establish harsher penalties for those convicted of this type of abuse.
Defense To The Charges
If you have been charged with this type of offense in Florida, be aware that battery on a pregnant person is a crime that involves two main points, and if your attorney can create reasonable doubt about either, you cannot be convicted. It must be established that you intentionally touched the victim against their will, or otherwise caused them tangible bodily harm. It must also, however, be established that you knew (or should have known) that the victim was pregnant.
This is a very serious charge, requiring the services of a knowledgeable attorney. One must only establish that you caused “bodily harm,” not “great bodily harm,” which means that it may only take proof of a touch to establish that bodily harm has happened. Unfortunately, this does mean that false allegations can happen. Regardless, if you are convicted, you will likely face a severe sentence; this type of offense is usually charged as a second-degree felony, carrying a maximum sentence of up to 15 years in prison.
Contact A West Palm Beach Domestic Violence Attorney
No one wants to wind up in a domestic dispute, but sometimes, events get out of one’s control. If you are facing charges for battery against a pregnant person, contacting a West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. should be your first action – this is a serious charge and you need the right legal help on your side from the beginning. Contact our office today at (561) 721-0552 to speak to an attorney.
