Aggravated Battery on a Pregnant Person

According to the statute, aggravated battery on a pregnant person is the intentional and unlawful touching of a person known to be pregnant, against their will.   The battery is considered aggravated because of the condition of the victim, even if no injury is inflicted.  The State of Florida protects certain classes of people and enhances penalties for people accused of committing crimes against them. 

The key elements of aggravated battery on a pregnant person in Florida are:

• Intent: The defendant must act intentionally.  This means that the defendant intended to make physical contact with the victim and knew or should have known that the contact was unauthorized.

  
  

• Touching or Striking: The defendant intentionally touched or struck the victim against their will. This can include actions such as hitting, slapping, pushing, or any other form of physical contact.  This can also include throwing an object that strikes another person.  Note that for misdemeanor battery, there is no requirement that the person be injured or that a deadly weapon is used.

  
  

• Lack of Consent: The prosecution must prove that the touching or striking occurred without the consent of the victim; or “against their will”. Consent means that the victim willingly agreed to the contact.  Consent is a common defense to battery, as explained below.

  
  

• Knowledge of Pregnancy:  A defendant must know that the victim was pregnant or have reason to believe she was pregnant.  If the jury finds that the defendant did not or should not have known the victim was pregnant, the defendant may only be convicted of misdemeanor battery.

  
  

• Injury is NOT Required:  The “aggravating” factor for this charge is the fact that the alleged victim was pregnant.  This means that this charge is a simple battery plus the additional element that the alleged victim was pregnant.  Recall that a simple battery does not require any injury, so neither does this charge. 

Penalties for Aggravated Battery on a Pregnant Person

Aggravated Battery on a Pregnant Person is classified as a second-degree felony in Florida.  The maximum penalties for aggravated battery on a pregnant person in Florida are any combination of the following:

·       $10,000 fine

·       15 years prison

·       15 years probation

Aggravated Battery on a Pregnant Person is designated as a Level 7 Offense in the criminal punishment code offense severity chart.  A judge is required to sentence a defendant to at least 21 months in prison if convicted of aggravated battery on a pregnant person if there are no grounds for a downward departure.

Defenses to Aggravated Battery on a Pregnant Person

• Self-Defense: If the defendant reasonably believed that they were in imminent danger of bodily harm or that force was necessary to defend themselves against such harm, they may have a valid self-defense claim.  However, the use of force must be proportional to the perceived threat.

• Consent: If the victim consented to the physical contact, it may serve as a defense to aggravated battery on a pregnant person. However, consent must be freely given and not obtained through coercion or fraud.  Because non-consensual contact is an element of the crime, consent is a defense.

• Insufficient Intent/Accident: If the physical contact was unintentional or the result of an accident, the defendant may argue that they did not have the requisite intent to commit a battery.  Intent is determined by the circumstances of the event. 

  
  

• Lack of Knowledge of Pregnancy:  If a defendant did not know that the victim was pregnant or had no reason to believe she was pregnant, they may have a valid defense.  If the jury finds that the defendant did not or should not have known the victim was pregnant, the defendant may only be convicted of misdemeanor battery.

If you or someone you know is facing an Aggravated Battery on a Pregnant Person charge, contact Howeller Law, P.L.L.C. today.  Consultations are always free.