Additional penalties may negatively affect child custody, education, employment, or housing status. In addition, if you are not a United States citizen, a conviction for aggravated battery on a pregnant female could be considered an aggravated felony and a crime of violence under immigration law, triggering mandatory deportation. In Florida, felony convictions are subject to sentencing guidelines after points are assessed on a scoresheet.
AGGRAVATED BATTERY DEFENSE
The total points assessed will determine the actual prison time. In tallying the points, crimes are categorized among 10 levels, with level 1 being the least serious and level 10 the most. Aggravated battery on a pregnant woman is a level 7 offense, the same as aggravated battery with a deadly weapon. Points are assessed for primary and additional offenses, victim injuries, prior record, use of a firearm, and other factors, and a formula is applied to determine the sentence.
Even with no prior offenses or other aggravating circumstances, a defendant who is convicted of aggravated battery on a pregnant female scores 21 months at the bottom of the guidelines.
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Therefore, at a minimum, the judge will be required to sentence you to 21 months in prison unless there is a legal reason to depart from the sentence. Convicted felons will face other obstacles upon release from prison, including the loss of certain civil rights, such as the right to vote or own a weapon, as well as diminished opportunities for education, employment, and housing. If you were charged with aggravated battery on a pregnant female or any type of domestic violence in Miami or Miami-Dade County, then your freedom and relationships with your family may be in jeopardy.
You likely need an experienced Miami domestic violence lawyer to help you with the legal issues that are bombarding you.
At Hubbs Law Firm, we represent clients charged with domestic violence issues, including aggravated battery on a pregnant female. Hubbs is experienced in domestic disputes and can provide insightful counsel when you need it most. He also represents clients charged with other forms of battery and aggravated battery, including domestic violence by strangulation and aggravated battery with a deadly weapon or with serious bodily injury.
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When you are charged with any domestic crime, your future relationship with your family is at risk. Contact a skilled and compassionate lawyer today who will fight for your rights. Call Hubbs Law Firm today at to schedule a free initial appointment to discuss your case.
Attorney for Aggravated Battery on a Pregnant Woman in Miami, FL If you are accused of aggravated battery on a pregnant female or fear that you may be arrested soon on such a charge, you should meet with an experienced criminal defense attorney as soon as possible to discuss your dilemma. Elements of Florida's Aggravated Battery on a Pregnant Woman If a case of aggravated battery on a pregnant woman proceeds to trial, a prosecutor must prove that the defendant did the following beyond reasonable doubt: Committed battery by intentionally touching or striking the alleged victim against her will Committed battery by intentionally causing bodily harm to the alleged victim The victim was pregnant at the time The defendant, in committing the battery, knew or should have known that the victim was pregnant Unfortunately, bodily harm is not defined by Florida law, nor is great bodily harm, so a prosecutor has wide discretion in deciding whether to pursue a conviction of aggravated battery on a pregnant female.
The Florida Scoresheet for Felony Convictions In Florida, felony convictions are subject to sentencing guidelines after points are assessed on a scoresheet. Trust Your Case to Hubbs Law Firm If you were charged with aggravated battery on a pregnant female or any type of domestic violence in Miami or Miami-Dade County, then your freedom and relationships with your family may be in jeopardy.
Aggravated Battery with a Deadly Weapon
You can also learn about the legislative history of the law as well as the laws for related offenses. Healthy Start Coalition of Miami-Dade — Since , HSCMD has been a leading organization in maternal, infant and child health, targeting women of childbearing age, pregnant women and infants from birth to three years. Attorneys E. Our clients become part of our family and we fight relentlessly for their rights.
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This isn't a valid phone number. Florida Statute Aggravated Battery in Tampa on a Firefighter is a first-degree felony punishable by a maximum of:. If a jury, or in the case of a bench trial, the judge, were to find that there was a reasonable doubt as to whether or not a person was justified in committing an Aggravated Battery on a Firefighter to protect himself or herself, then the jury or judge should find the person not guilty. In order for the State to bring a charge of Aggravated Battery on Firefighter, the victim must have been engaged in the lawful performance of his or her duties at the time of the Aggravated Battery.
For example, imagine a uniformed Firefighter is on a break and drives his car to a restaurant to get something to eat. Imagine further that the Firefighter and Person B get in an argument over a parking spot and Person B strikes the Firefighter with a bottle and seriously injures him. However, it is possible that Person B could be convicted of Aggravated Battery. Aggravated Battery in Tampa on a Law Enforcement Officer is a first-degree felony punishable by a maximum of:.
Under Florida Law, a person is not justified in using force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer. However, if an officer uses excessive force to make an arrest, then a person is justified in the use of reasonable force to defend him or herself or another, but only to the extent he or she reasonably believes such force is necessary.
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A conviction for Aggravated Battery on a Law Enforcement Officer requires proof that the officer was engaged in the performance of a lawful duty. State , So. Because the officer was working the door checking identifications when he was slapped, the Court found that the officer was not engaged in the lawful performance of his duty but was rather working for a private employer. Therefore, a college student could not be convicted of Battery on a Law Enforcement Officer. For example, if an officer was working in plain clothes in an undercover capacity and did not properly identify himself as a Law Enforcement Officer, a Defendant accused of an Aggravated Battery on that officer could claim he did not know the victim was a law enforcement officer.
If a jury, or in the case of a bench trial, the judge, was to find that there was a reasonable doubt as to whether or not a person was justified in committing an Aggravated Battery on an Emergency Medical Provider to protect himself or herself, then the jury or judge should find the person not guilty. In order for the State to bring a charge of Aggravated Battery on an Emergency Medical Care Provider, the victim must have been engaged in the lawful performance of his or her duties at the time of the Aggravated Battery.
For example, imagine a paramedic is arriving to work at a hospital and the paramedic and Person B get in an argument over a parking spot. Imagine further that Person B strikes the paramedic with a bottle and seriously injures him. At trial, the State was required to prove that the hospital where the incident took place fit the legal definition of a hospital as laid out in Chapter of the Florida Statutes.
Battery Charges | Domestic Violence Charges | Orlando, FL
Contact Attorney David C. Hardy is a former prosecutor that now represents persons accused of Aggravated Battery. As a prosecutor and defense attorney, he has extensive experience handling all types of Aggravated Battery cases. He has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.
Home Aggravated Battery Defense. Aggravated Battery Defense David C. The Witnesses are Lying Alleged victims and witnesses in Aggravated Battery — Deadly Weapon cases sometimes make false accusations because they have a motive to lie. The Witnesses May Be Mistaken Sometimes a witness may claim to have seen a Battery take place, but they were mistaken. The Witnesses are Lying Alleged victims and witnesses in Aggravated Battery — Great Bodily Harm cases sometimes make false accusations because they have a motive to lie.
The victim was pregnant at the time.