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Top Battery Defense Attorney Jason Cromey, Esq. on:
Aggravated Battery on a Pregnant Person: F.S. 784.045
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Aggravated Battery on a Pregnant Person – Florida law makes it a felony crime to commit a simple battery when the victim is pregnant. § 784.045 requires that the state prove that:
- (1) you committed a battery;
- (2) that the victim was pregnant at the time; and;
- (3) that in committing the battery the defendant knew or should have known that the victim was pregnant.
Again, this is a serious crime, just like regular aggravated battery, and a conviction very well could land you in state prison for years. Just like all assault and battery cases, there are three common defenses to this charge: self-defense, accident, or the victim is lying and it never happened. In addition to these three standard defenses, it can also be difficult for the government to prove that you knew the victim was pregnant or that you should have known. If the state fails to prove this then the government can only get you for a misdemeanor battery (still serious, but you would then only be facing county jail time).