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 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.
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.
Aggravated Assault with a Firearm
Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.
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.
Sexual Battery & Domestic Battery
Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.
Over 15 Years of ExperienceThere's no substitute for experience. When faced with a serious crime, you need an attorney who has successfully handled numerous cases like yours.
Aggressive Trial AttorneyMatt Thompson is a skilled trial attorney and has achieved many positive jury verdicts. If your case goes to trial, you can be confident that Matt is equipped to represent you.
High-Quality Legal RepresentationAt Thompson Law, P.A., every client matters. This means that your case will receive the personal attention and care it deserves.
Criminal Defense Is All We DoBecause our firm only focuses on criminal defense matters, you can trust our team has the specific knowledge needed to handle you case successfully.