Simple Battery is a misdemeanor. Battery on a Pregnant Woman creates a victim-based enhancement that brings the charge to not only a felony level offense, but a felony of the second degree.
And since it falls under the felony aggravated battery categorization, this brings into play victim injury points on the sentencing score sheet, and the prospect of a minimum guideline prison term.
That is why most defendants charged with Battery on a Pregnant Women in Okaloosa County or Walton County, usually faces prison term, punishable by up to 15 years in prison.
The main elemental difference with Battery on a Pregnant Woman and regular domestic violence battery is that the prosecutor must prove that the offender knew or should have known that the victim was in fact pregnant. Sometimes this is not always the easiest thing to prove, especially if the victim was in the early stages of the pregnancy and if the defendant did not acknowledge such facts to police during post-arrest questioning.
Just another reason to never speak to law enforcement during questioning… Always ask for an attorney to be present during any police interrogation. This is not only the law, but your attorney will be able to more easily thwart the coercive tactics of investigators and keep your rights protected.
If you’ve been arrested on Battery On A Pregnant Woman in Okaloosa County or Walton County, give Lupella & Rehr a call at (850) 362-6655 for a free consultation….and let’s find out what I can do.