"An arrest is built on what the officer knew that night. A charging decision should be built on all the facts — and sometimes the most important fact is a date."
— Carolle El-Naffy
TL;DR – In State of Florida v. J.T., our client was arrested for aggravated battery on a pregnant woman — a second-degree felony punishable by up to 15 years in prison — after his pregnant girlfriend went to the hospital and doctors found she was bleeding from her placenta. We spoke with the prosecutor in charge and provided documentation that the hemorrhage had been discovered weeks earlier. The State dropped all charges. The result is listed as No Action.
This is our second case-result post. Every fact about the case below comes from the summary already published on our Case Results page. Where you might want more detail, we explain the general Florida law instead — the client's privacy comes first.
The Charge
J.T. was arrested for allegedly attacking his girlfriend, who was pregnant. The arrest followed a hospital visit at which doctors found she was bleeding from her placenta.
Under § 784.045(1)(b), Florida Statutes, a battery becomes aggravated battery if "the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant." No weapon or serious injury is required — the pregnancy alone elevates the charge. Compare simple battery under § 784.03, a first-degree misdemeanor.
Aggravated battery is a second-degree felony, with a maximum of 15 years in prison (§ 775.082). The pregnancy version is ranked Level 7 on Florida's offense severity chart (§ 921.0022). For the full statute, see Florida Statute 784.045: Aggravated Battery Explained.
Why the Medical Timeline Mattered
A charge like this often rests on an inference: the alleged victim was pregnant, there was an accusation of a physical attack, and a doctor then found an injury. The connection between the alleged attack and the medical finding can look obvious on an arrest report.
In J.T.'s case, the documentation showed that the hemorrhage had been discovered weeks before. That documentation went directly to whether the bleeding could be tied to the alleged incident. Speaking generally, placental bleeding is not proof of trauma. For one common cause, placental abruption, the U.S. National Library of Medicine notes that the cause "is unknown" and lists high blood pressure, diabetes, smoking, substance use, injury, and multiple pregnancies among the risk factors (MedlinePlus).
Talking to the Prosecutor After an Arrest
After an arrest, the State Attorney's Office reviews the case and decides whether to file formal charges. The Broward State Attorney's Office describes this step plainly: after review, "a decision is made to either file an information or formal charge, decline to file any charges," or take another course (Broward SAO).
That review is an opportunity. The officer at the scene works from what is available that night. A defense lawyer can put facts in front of the prosecutor that the arrest report doesn't have — here, the medical timeline. We spoke with the prosecutor in charge, provided the documentation, and the State dropped all charges.
Result: No Action — all charges dropped.
What This Case Shows
- An arrest is not a charge. The State Attorney decides what, if anything, to file — and that decision can be informed by evidence the defense provides.
- Records can cut both ways. The same kind of evidence the State might rely on can establish a timeline that undercuts the accusation.
- Act early. The best time to present exculpatory evidence is often before formal charges are filed, not months later.
- The State, not the alleged victim, decides. Which is why the evidence — not just the relationship — matters.
Is battery on a girlfriend domestic violence in Florida?
It depends on the relationship. Florida's domestic violence definition covers battery and aggravated battery between "family or household members" (§ 741.28). That includes spouses, former spouses, relatives, people who live or have lived together as a family, and people who have a child in common. Except for parents of a child in common, the people must live or have lived together in the same home. A dating partner who never lived with the accused may instead fall under dating violence (§ 784.046), which requires a continuing and significant romantic relationship within the past six months.
The label matters. A person arrested for domestic violence must be held until first appearance (§ 741.2901(3)), and pretrial release usually comes with a no-contact condition — no communication directly or through a third person, and staying 500 feet from the alleged victim's residence even if it is a shared home (§ 903.047). Willfully violating that condition is its own first-degree misdemeanor (§ 741.29(7)). Since July 1, 2026, a domestic violence offense is also reclassified one degree higher if the person has a prior domestic violence conviction, including a plea with adjudication withheld (§ 741.2801), with a narrow exception for felony battery. See What to Do If You're Accused of Domestic Violence in Florida.
Can the alleged victim drop domestic violence charges in Florida?
No. Florida law requires State Attorneys to have a pro-prosecution policy in domestic violence cases, and it says the filing, nonfiling, or diversion of charges is decided by prosecutors "over the objection of the victim, if necessary" (§ 741.2901(2)). Officers may arrest without the alleged victim's consent (§ 901.15(7)). The alleged victim has a right to be consulted and heard — see Florida's Marsy's Law — but not a veto.
What does "no action" mean in a Florida criminal case?
"No action" is a term commonly used when the State Attorney's Office declines to file formal charges after an arrest. It differs from the other ways a case can end without a conviction:
- No action / no information — no formal charging document is filed.
- Nolle prosequi — the prosecutor drops a charge after it was filed.
- Dismissal — a court dismisses a filed charge.
Florida's criminal procedure rules also limit how long the State can wait. Under Rule 3.134, as amended effective July 1, 2025, if a person in custody has not been formally charged by day 30, the court must order release on their own recognizance on day 33 (day 40 if the State shows good cause), and no one may be held past 40 days without formal charges. A person already on pretrial release has a 60-day track. Release is the remedy, though — the State can still file charges later within the statute of limitations, which for a second-degree felony is generally 3 years (§ 775.15).
Can you expunge an arrest when no charges were filed in Florida?
Generally, yes. Florida's expunction statute specifically covers a case in which "an indictment, information, or other charging document was not filed or issued" (§ 943.0585), and the usual requirement that the record first be sealed for 10 years does not apply where no plea was entered. You must otherwise qualify — for example, you generally get only one sealing or expunction — and you need a certificate of eligibility from the FDLE. The list of offenses that can never be sealed or expunged, which includes aggravated battery, applies to convictions, not to cases where no charges were filed (§ 943.0584).
Florida also has an automatic sealing statute (§ 943.0595). It excludes records that result from a charging document for a forcible felony, such as aggravated battery. Where no charging document was ever filed, the record may qualify — but the process depends on the clerk reporting the disposition to the FDLE, so confirm whether the record was actually sealed. An automatic sealing does not count against your one court-ordered sealing or expunction. A sealed record is still kept by the FDLE and other criminal justice agencies. See Can You Seal or Expunge Your Criminal Record in Florida? or try our expungement eligibility tool.
Past Results Do Not Guarantee a Similar Outcome
This post describes one case, as summarized on our Case Results page. Past results do not guarantee or predict a similar outcome in any other matter. Every case is different and turns on its own facts, evidence, and law. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
Arrested for Battery or Domestic Violence in Broward or Miami-Dade? Call Before Charges Are Filed
The days after an arrest are when evidence can still change the State's charging decision. Carolle El-Naffy will review what happened, identify the records that matter, and talk to the prosecutor on your behalf.
Call (305) 456-7576 75 Valencia Ave, Suite 800, Coral Gables, FL Confidential consultations available
