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.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
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Charge Reduced Felony Child Abuse
Attorney Thompson took over for the Defendant’s prior attorney who was unable to obtain an offer of anything other than a felony conviction. Attorney Thompson prepared a sworn Motion to Dismiss and was offered a misdemeanor with no probation or jail.
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Charges Reduced Sale and Possession of Heroin
Defendant entered a treatment facility while case was pending. Attorney Thompson provided progress reports of all of her progress during her stay to show improvement. State agreed to amend all charges to simple possession and the Defendant was sentenced into Drug Court.
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All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
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All Charges Dismissed Battery
The Client was working as a part time substitute teacher to help generate income to help his sick child granddaughter. While working there were children acting up and he instructed the child to stay in his seat while the others went to recess. The child claimed that the client hit him and told administration. Attorney Thompson did a public records request to obtain reports from the Department of Children and Families and noticed serious discrepancies in the child’s story. Attorney Thompson was able to p
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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.