Legal Question in Criminal Law in Florida

How long could a man stay in jail for hitting a pregnant woman?


Asked on 7/14/10, 3:06 pm

2 Answers from Attorneys

Timothy Moffitt Timothy E. Moffitt, Esq., LLC.

To answer that question, I'd need more details, but a basic answer is that the max for hitting a pregnant woman is 5 years in prison because it's a third degree felony. That would be the max as a final sentence. As for pretrial detention, if the Defendant can't bond out, the State has approximately 33-40 days to charge him. If they charge him and he still can't bond out, he will stay in jail until the case is resolved. If they don't charge him within that period of time he'll get out ROR.

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Answered on 7/14/10, 6:27 pm
Amir Ladan The Ladan Law Firm, P.A.

Actually, Mr. Moffitt is wrong. Florida Statute 784.045 defines Aggravated Battery to include a battery on a pregnant person & categorizes that offense as a 2nd degree felony, punishable by up to 15 years in Prison. This does not take into account the defendant's prior record, victim injury points (where applicable) and other sentencing considerations.

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Answered on 7/14/10, 7:47 pm


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