Posted on June 24, 2025 in Criminal Defense

Aggravated Battery on a Pregnant Woman

Arizona treats accusations of aggravated battery (sometimes called aggravated assault in Arizona) on a pregnant woman very seriously, recognizing both the physical and emotional risks to both the mother and unborn child.

Domestic aggravated assault charges arise when an alleged assault is committed against someone with whom the defendant has a specific relationship, such as a spouse, dating partner, household member, or parent of a shared child. When the alleged victim is pregnant, and the defendant knows or should know of the pregnancy, the case moves into a much more serious category under Arizona law.

Even actions that may be considered misdemeanor simple assaults (like pushing, grabbing, or slapping) are treated as felonies when the victim is pregnant. Aggravated circumstances, such as causing substantial injury or using a weapon, further increase the possible penalties.

Common Circumstances Leading to Charges

Domestic aggravated assault charges can result from a variety of situations, including:

• Class 6 Felonies: Typically involve less severe conduct like entering the alleged victim’s home with the intent to injure, but no significant injury occurs.
• Class 4 Felonies: Might include cases where the pregnant victim suffers temporary but meaningful injuries, such as bruises, disfigurement, broken bones, fractures, or injuries from strangulation.
• Class 3 Felonies: The charges can be upgraded to this level if the attack causes serious physical injury or involves the use of a dangerous weapon or deadly instrument.

In each circumstance, the pregnancy of the victim can be a serious aggravating factor, elevating the charge or leading to harsher sentencing.

Penalties for Aggravated Assault on Pregnant Victims

The penalties for aggravated assault as a domestic violence offense are severe and depend on several factors: the degree of injury, the defendant’s criminal history, whether a weapon was involved, and the dangerousness of the act.

Penalties for aggravated assault on a pregnant victim may include:

• Class 6 Felony: Penalties include 4 months to 2 years in prison for a first offense. The presumptive sentence is 18 months.
• Class 4 Felony: Penalties include 4 to 8 years in prison for a first offense, depending on specific factors. The presumptive sentence is 6 years.
• Class 3 Felony: Defendants face up to 15 years in prison.

For all classes of felonies, the actual sentence depends on the circumstances and the defendant’s criminal record.

Enhanced Penalties for Pregnant Victims:

Even if the felony class does not change, Arizona courts can add up to 2 extra years to a sentence if the assault is against a pregnant woman.

Firearm Restrictions

Federal and Arizona law automatically strip away gun rights from anyone convicted of domestic violence, even for misdemeanors. A felony involving aggravated assault will usually result in the loss of firearm privileges for life, with few exceptions.

Custody and Family Law Consequences

A conviction for aggravated assault domestic violence, especially involving a pregnant victim, has lasting effects on family law matters.

Courts presume that granting custody or visitation is not in the best interest of a child if a parent has a recent DV conviction. This presumption can affect ongoing or future custody agreements, parenting time, divorce proceedings, and potential alimony awards.

Contact the Criminal Defense Lawyers at Orent Law Offices, PLC In Phoenix To Get Legal Assistance Today

For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.